2019-10-21 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF THE JOINT PUBLIC HEARING FOR THE CITY COUNCIL AND THE
PLANNING AND ZONING COMMISSION, CITY OF PEARLAND, TEXAS, HELD ON
MONDAY, OCTOBER 21, 2019 AT 6:30 P.M., COUNCIL CHAMBERS, PEARLAND
CITY HALL, 3519 LIBERTY DR.
CALL TO ORDER
Mayor Tom Reid opened a series of public hearings at 6:30 p.m.
The following were present:
Council Member Adrian Hernandez
Council Member Trent Perez
Council Member Luke Orlando
Council Member David Little
Council Member Gary Moore
Council Member Woody Owens
P&Z Chairperson Daniel Tunstall
P&Z Vice — Chairperson Thomas Duncan
P&Z Commissioner Ronald Wicker
P&Z Commissioner Layni Cade
P&Z Commissioner Andrew Bearles
P&Z Commissioner Mary Starr
Also present were Deputy City Attorney Lawrence Provins, Planning Manager Martin Griggs, Senior
Planner Mohamed Bireima, Planner Vince Hustead, Director of Engineering Robert Upton, Assistant
Director of Engineering Raj Shrestha, Assistant Director of Traffic Ryan McKinnis and Assistant
Engineer Rasika Perera
Senior Planner Bireima read the Format of the Meeting and the Order of Agenda.
P&Z Chairperson Tunstall read into the record the purpose of the Hearing
PURPOSE OF HEARING
Zone Change Application: ZONE 19-00022
A request by Mindy Ratcliff, applicant, on behalf of Pearland Dunhill, owner, for approval of a
Planned Development amendment to the Center at Pearland Parkway PD to allow microblading
services within the center, on approximately 14.83 acres of land; to wit:
Legal Description:
Being all of Lot A, Block 1, of the Center at Pearland Parkway Addition, a subdivision in the City of
Pearland, Brazoria County, Texas, according to the Amending Plat of the Development Plat of the
Center at Pearland Parkway recorded in File No. 2014046177 in the Official Public Recorded of
Brazoria County, Texas.
General Location: 2650 Pearland Parkway, Pearland, Texas
APPLICATION INFORMATION AND CASE SUMMARY
Senior Planner Bireima presented the Staff Report with exhibits and informed zero calls and
zero comments were received for this request. Staff recommended approval due to the
JPH Minutes —October 21, 2019
proposed PD amendment to list microblading as an allowable use within the subject site
generally meets the criteria for approval above; therefore, staff recommends approval of
the PD amendment.
Brenda Green, Manager at Salons by JC, 2650 Pearland Parkway, gave a brief
presentation.
No Staff wrap up
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
Sue Kulac, Concierge for Salons by JC, 3522 Whitestone Drive, Pearland TX, was in
favor of the request.
COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Councilmembers Orlando felt this was an acceptable use. Councilmembers Hernandez,
Moore and Perez had no issues with the zone request. Councilmember Owens asked if
the request would affect all microblading salons or just this one location. Planning
Manager Griggs explained the zone change would only affect this property.
Commissioner Cade asked if there would be a way to amend microblading requests to
avoid bringing the same type of requests in the future. Planning Manager Griggs
explained the zoning destinations. Chairperson Tunstall was in favor of the request.
ADJOURNMENT
Mayor Tom Reid adjourned the public hearing at 6:46 p.m.
P&Z Chairperson Tunstall read into the record the purpose of the Hearing
PURPOSE OF HEARING
Amendments to the Unified Development Code (UDC) No. (T-31) - A request of the City of
Pearland, for a proposed amendments to the Unified Development Code regarding the
following sections:
1. Removing Outdoor Activities or Uses references from the Non-residential Zoning Districts
(Chapter 2, Article 4);
2. Removing the landscape plan submittal requirement from amending, preliminary and final plat
processes;
3. Redefining the master plat as a "master plan" (Chapter 3,,Article 1, Division 2);
4. Including allowances for the approval of a final plat prior to completion of all infrastructure
improvements (Section 3.1.5.4);
5. Adding "microblading" as a use in the Land Use Matrix (Section 2.5.2.2).
APPLICATION INFORMATION AND CASE SUMMARY
Planning Manager Griggs presented the Staff Report with the Updates.
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JPH Minutes —October 21, 2019
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PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
None
No Staff wrap up
COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Councilmember Owens asked about outdoor storage in the overlay district, Planning
Manger Griggs explained the condition land use categories and allowances.
Councilmember Perez asked if there were any more items left from the committee report
recommendations, Mr. Griggs informed this was the last item, Mr. Perez commented that
the definition for microblading was not specifically distinguishable from tattooing and
recommended finding a cosmetic use definition. Mr. Perez commented on the auxiliary
table use and the master plan change. Commissioner Moore agreed with Mr. Perez on the
change process. Councilmembers Hernandez, Little and Orlando were in favor of the
changes. Mr. Perez had concerns with the 85-90% substantial completion. Director of
Engineering Mr. Upton explained the infrastructure completion process.
Commissioner Wicker had concerns with approving a final plat at 85% completion.
Chairperson Tunstall commented on the final plat approval and the master plan changes.
Mr. Tunstall was in favor of the changes. Deputy City Attorney Mr. Provins gave
clarification on the definition differences of microblading and tattooing.
ADJOURNMENT
Mayor Tom Reid adjourned the public hearing at 7:12 p.m.
P&Z Chairperson Tunstall read into the record the purpose of the Hearing
PURPOSE OF HEARING
Amendment to the Thoroughfare Plan
A request by Justin S. Barnett, representing R. West Development Company, applicant, on behalf
of Triangle 31 LLC, owner, for approval of an amendment to the City of Pearland Thoroughfare Plan
to remove the future extension/alignment of Industrial Drive which will connect the eastern terminus
of the existing right of way to Dixie Farm Road, located on approximately 62.46 acres of land; to wit:
General Location: Industrial drive extension east to Dixie Farm Road
APPLICATION INFORMATION AND CASE SUMMARY
Senior Planner Bireima presented the Staff Report with exhibits and informed zero calls
and zero comments were received for this request. Staff did not recommend approval
based on the analysis of the Thoroughfare Amendment Study performed by Voigt
Associates the City Engineer is NOT in support of the abandonment of the extension of
Industrial Drive.
JPH Minutes—October 21, 2019
Justin S. Barnett with R. West Development, 7918 Broadway, gave a brief presentation
and was available for comments and questions.
No Staff wrap up
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
None
COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
Councilmember Orlando commented the plan would be the logical next step.
Councilmember Little likes the idea but questions some of the results of the impact study
and the traffic light at highway 35 impact. Mr. Little was in favor. Councilmember
Hernandez looks forward to moving forward with this project. Councilmember Moore does
not agree with adding a road and traffic signals. Councilmember Perez is in support of
removing the thoroughfare plan from the PD. Councilmember Owens is not in favor of the
thoroughfare plan.
Commissioner Starr was in favor of removing the thoroughfare plan. Vice — Chairperson
Duncan was in favor and comments that if future development comes in, the road may be
needed. Chairperson Tunstall was opposed to the plan.
ADJOURNMENT
Mayor Tom Reid adjourned the public hearing at 7:36 p.m.
These minutes are respectfully submitted by:
AM ,& Gonzales, Office Assistant
Minutes approved as submitted on this 13th day of January 2020 A.D.
Mayor Tom Reid
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JPH Minutes — October 21, 2019
MINUTES OF A JOINT SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 21, 2019, AT 6:30 P.M. IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order 7:36 p.m. with the following present:
Mayor Tom Reid P&Z Commissioner Mary Starr
Mayor Pro-Tem J. David Little P&Z Commissioner Ron Wicker
Councilmember Luke Orlando P&Z Commissioner Thomas Duncan
Councilmember Gary Moore P&Z Commissioner Layni Cade
Councilmember Trent Perez P&Z Commissioner Andrew B. Earles
Councilmember Woody Owens P&Z Commissioner Troy Pradia
Deputy City Manager Jon Branson P&Z Commissioner Daniel Tunstall
City Attorney Darrin Coker
Interim City Secretary Maria Rodriguez
Absent: Councilmember Reed.
Others in attendance: Matt Buchanan President of EDC, Trent Epperson Assistant City Manager,
Robert Upton Director of Engineering and Capital Projects and Lawrence Provins Deputy City
Attorney.
JOINT SPECIAL MEETING NO. 1
Conditional Use Permit Application No. CUP 19-00016
A request by James Adams, applicant and owner, for approval of a Conditional Use Permit (CUP)
to allow monthly live music events to benefit a charity located on approximately 0.86 acres of land
within the Single-family Residential (R-1) District; to wit:
Legal Description:
Being all of Lot 18 of Westchester Estates according to the Jack C. McKnight Survey, dated April
18, 1962, and being of the H.T. and B. Railroad Company Survey, Abstract No. 242, in Brazoria
County, Texas.
General Location:
2845 Westchester Circle, Pearland, TX
Conditional Use Permit Application: CUP 19-00016 AIR-19-515
APPLICATION INFORMATION AND CASE SUMMARY
STAFF REPORT: Planner Mohamed Bireima reported on the Conditional Use Permit (CUP) to
allow monthly live music events to benefit a charity located on approximately 0.86 acres of land
within the Single-family Residential (R-1) District.
APPLICANT PRESENTATION:
Applicant James Adams addressed Council and provided a background on his company and the
planned use of the venue.
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
Darryl Savage, 2830 Westchester Circle, addressed Council and spoke in support of the proposed
permit for a music venue.
Resident Sinton Pitre addressed Council and stated he owns the land behind the property in
question and would prefer to allow its use for parking, if the land is maintained.
PLANNING AND ZONING COMMISSION:
Commissioner Starr stated her only objection is requiring the applicant to request a permit renewal
each year. She feels this is condition is not necessary.
Commissioner Wicker state he has issue with this use in a residential area and is not compatible
with the current zoning.
Commissioner Duncan stated his concern regarding the noise, in addition to lack of parking.
Commissioner Earles stated the location is not ideal and not appropriate for concerts.
Commissioner Tinstall stated his concern is changing the zoning from residential to commercial
permanently and agrees with the condition to renew yearly.
CITY COUNCIL:
Councilmember Owens stated he is in support of the permit but is concerned parking may cause
an issue for Emergency vehicles to access the street.
Councilmember Perez stated the area is intended for residential use and a music venue is not in
line with the use. He further stated this would set a precedence for other types of businesses to
do the same in residential areas. Councilmember Perez stated he is not going to support the
permit but urges that yearly renewal of the permit be a condition if it is approved.
Councilmember Moore stated he does not have issue with the land use due to a lack of complaints
after the events. He further stated approval of this permit could open the City up for more requests
for the same types of venues in residential areas. Councilmember Moore stated he supports the
permit if it does not interfere with others and Emergency vehicles.
Councilmember Hernandez stated he has attended these events in the past and is in support of
the proposed use. He further inquired about the City's current regulations regarding decibel
levels. He also stated a regulation on the decibel levels would control the sound.
Mayor Pro-Tem Little stated he will support this permit. He also stated only meeting the guidelines
set forth is not always the best method to determine if a business is a fit for a usage.
Councilmember Orlando stated he is in support of the permit because it could be revoked, if an
issue were to arise. He further stated he does agree that there should be an amendment to not
allow more than twelve concerts a year. Councilmember Orlando stated the applicant's neighbors
have come out in support and that is what makes Pearland great.
Conversation ensued between Councilmembers regarding conditions of the permit and boundary
limits. Council also discussed the staff recommendations.
STAFF WRAP UP: None
CITY COUNCIL NEW BUSINESS
Council Action - Resolution R2019 - CUP19-00016 - A Resolution of the City Council of the
City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow monthly live music
concerts located on approximately 0.86 acres of land within the Single-family Residential (R-1)
District, being all of Lot 18 of Westchester Estates according to the Jack C. McKnight Survey,
dated April 18, 1962, and being of the H.T. and B. Railroad Company Survey, Abstract No. 242,
in Brazoria County, Texas (2845 Westchester Circle, Pearland, TX). Conditional Use Permit
Application No CUP19-00016, within the Single-family Residential (R-1) District, at the request of
James Adams, applicant and owner, containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
Councilmember Hernandez made the motion, seconded by Councilmember Moore to approve
Resolution No R2019-CUP19-00016 including the amended motion to include the following
conditions, proposed use will meet building and fire code; only allow outdoor concerts; all parking
to be located off the street; the event will be restricted to the number of guests allowed by the Fire
Marshal; Conditional Use Permit be non-transferrable; and Conditional Use Permit, Section 1 to
read Westchester Subdivision in the place of Pearland Parkway Development.
Voting "Aye" Councilmember Orlando, Little, Hernandez, Moore and Owens.
Voting "No" Councilmember Perez.
Motion passed 5 to 1 as amended with Councilmember Reed absent.
ADJOURNMENT
Meeting was adjourned at 8:49 p.m.
Minutes approved as submitted and/or corrected this the 27`" day of Apri , k. ) 2020.
Tom Reid
Mayor
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