2021-10-04 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF THE REGULAR MEETING VIA IN-PERSON OF THE PLANNING
AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY,
OCTOBER 4, 2021, AT 6:30 P.M., HELD IN THE COUNCIL CHAMBERS, 3519
LIBERTY DR.
CALL TO ORDER
Vice Chairperson Brandon Dansby opened the meeting for the P&Z Regular
Meeting at 6:30 P.M.
In attendance were:
P&Z Vice Chairperson Brandon Dansby
P&Z Commissioner Ashlee Boswell
P&Z Commissioner Layni Cade
P&Z Commissioner Andrew Earles
P&Z Commissioner Jennifer Henrichs
P&Z Commissioner Derrell Isenberg
Also, present were Deputy City Attorney Lawrence Provins, Assistant City Engineer
Parviz Pourazizian, Planning Manager Martin Griggs, Senior Planner Mohamed
Bireima, Planner Florence Buaku, Planner Samin Bazargan. Planner Patrick Bauer
and Office Assistant Shelby Lowe.
CONSENT AGENDA
All items listed under the "Consent Agenda" are considered to be routine and require
little or no
deliberation by the P&Z Commission. These items will be enacted / approved by one
motion
unless a commissioner requests separate action on an item, in which event the item
will be
removed from the Consent Agenda and considered by separate action (ix. Matters
removed from Consent Agenda). Approval of the Consent Agenda enacts the items
of legislation.
CONSIDERATION & POSSIBLE ACTION — EXCUSED ABSENCES
Excuse the absences of P&Z Commissioners Andrew Earles and Derrell Isenberg
from the September 20, 2021, P&Z Regular Meeting.
Vice Chairperson Dansby read into the record the items on Consideration and
Possible Action — Excused Absences. Commissioner Isenberg made the motion to
approve, Commissioner Cade seconded the motion.
Motion passed 6-0.
CONSIDERATION & POSSIBLE ACTION —APPROVAL OF MINUTES
Approve the P&Z Regular Meeting minutes from September 20, 2021.
Vice Chairperson Dansby read into the record the items on Consideration and
Possible Action —Approval of Minutes. Commissioner Isenberg made the motion to
approve, Commissioner Cade seconded the motion.
Motion passed 6-0.
NEW BUSINESS
Vice Chairperson Dansby read into the record the items on Consideration and
Possible Action — PLAT 21-00050: Final Plat of Riverstone Ranch at Clear Creek
Section 15.
CONSIDERATION & POSSIBLE ACTION — PLAT 21-00050: FINAL PLAT OF
RIVERSTONE RANCH AT CLEAR CREEK SECTION 15
A request by Alexis Santibanes, LJA Engineering, on behalf of Meritage Homes of
Texas, LLC, owner: to approve the Final Plat of Riverstone Ranch at Clear Creek
Section 15 creating 23 single family lots and 4 reserves on 7.365 acres, described to
wit:
Legal Description:
A subdivision of 7.365 acres of land located in the T.J. Green Survey, Abstract 290,
City of Pearland, Harris County, Texas.
General Location:
South of Hughes Ranch Road and west of Riverstone Falls Drive.
Planner Buaku presented the staff report with exhibits. Planner Buaku informed the
commission that the final plat does conform to the requirements of the UDC. Staff
does recommend approval.
Vice Chairperson Dansby called for public input.
There were no persons wishing to speak for or against the proposed request.
No further discussion from Staff, P&Z Commission or Public input.
Vice Chairperson Dansby read into the record the items on Consideration and
Possible Action — PLAT 21-00050: Final Plat of Riverstone Ranch at Clear Creek
Section 15. Commissioner Earles made the motion to approve, Commissioner Cade
seconded the motion.
Motion passed 6-0.
Vice Chairperson Dansby read into the record the items on Consideration and
Possible Action — PLAT 21-00051: Final Plat of Riverstone Ranch at Clear Creek
Section 16.
CONSIDERATION & POSSIBLE ACTION — PLAT 21-00051: FINAL PLAT OF
RIVERSTONE RANCH AT CLEAR CREEK SECTION 16
A request by Alexis Santibanes, LJA Engineering, on behalf of Meritage Homes of
Texas, LLC, owner: to approve the Final Plat of Riverstone Ranch at Clear Creek
Section 16 creating 27 single family lots and 2 reserves on 6.425 acres, described to
wit:
Legal Description:
A subdivision of 6.425 acres of land located in the Thomas J. Green Survey,
Abstract 290, City of Pearland, Harris County, Texas.
General Location:
Southeast of Alexander Ridge Lane and South of Hughes Ranch Road.
Planner Buaku presented the staff report with exhibits. Planner Buaku informed the
commission that the final plat does conform to the requirements of the UDC. Staff
does recommend approval.
Vice Chairperson Dansby called for public input.
There were no persons wishing to speak for or against the proposed request.
No further discussion from Staff, P&Z Commission or Public input.
Vice Chairperson Dansby read into the record the items on Consideration and
Possible Action — PLAT 21-00051: Final Plat of Riverstone Ranch at Clear Creek
Section 16. Commissioner Cade made the motion to approve, Commissioner Earles
seconded the motion.
Motion passed 6-0.
Vice Chairperson Dansby read into the record the items on Commission Input and
Discussion —Conditional Use Permit Application: CUP 21-00030.
COMMISSION INPUT AND DISCUSSION - CONDITIONAL USE PERMIT
APPLICATION: CUP 21-00030
A request by Eddy E. Aguiar, applicant, on behalf of Mohammad Ullah, owner, for
approval of a Conditional Use Permit (CUP) for Cigars, Tobacco or E-Cigarettes
Shop (Retail Only) use within the General Commercial (GC) District, to
accommodate a cigar shop inside a lease space within an existing multi-tenant
commercial center, on approximately 1.292 acres of land, to wit:
Legal Description:
Being a 1.292-acre tract in the H.T. & B.R.R. Co. Survey, Abstract No. 1, Brazoria
County, Texas, said 1.292-acre tract is in a called 2.9340-acre tract described in a
deed to Wagon Trail Enterprises Limited Partnership as recorded in Clerk's File No.
2005023402 in the Deed Records of Brazoria County, Texas.
General Location:
5740 Broadway Street, Suite 112, Pearland, Texas.
Planner Bazargan presented the staff report with exhibits. Planner Bazargan
informed the commission that this conditional use permit application does conform
to the requirements of the UDC. Staff does recommend approval.
Applicant, Eddy E. Aguilar and Alex Aguilar at 5740 Broadway Street #112,
Pearland, Texas 77581, were in attendance in-person in Council Chambers to
present to the P&Z Commission. Alex Aguilar translated from Spanish to English for
Eddy Aguilar. Mr. Aguilar said that his family is interested in opening a cigar shop to
bring their culture to Pearland. He said that they have been residents in Pearland
since 2015.
Vice Chairperson Dansby called for public input.
Resident, Ramona Trevino at 1122 Bobby Street, Pearland, Texas 77581, spoke in
favor for the cigar shop. She stated that this is a family-owned business and that she
enjoys cigars, so she has been helping the family with the language barrier. Ms.
Trevino stated that there is nothing like this business on that side of Pearland and
that the family only plans on selling cigar products. She also mentioned that they are
a Cuban family.
Speaker, Blake Mosely at 1225 Lawrence Road, Kemah, Texas 77565, stated that
this cigar shop will be Cuban family-owned establishment. He stated that this an
intimate shop that offers a quality cigar product, Mr. Mosely said that the shop is
comfortable place to relax and learn more about cigars.
Commissioner Isenberg asked if there will be smoking inside the establishment. Mr.
Aguilar stated that they would like for their customer to purchase their cigar and take
it home to enjoy, but they do have the conditions for their customers to stay and
smoke. Mr. Aguilar stated they will have a total of 4 smoke scrubbers installed.
Commissioner Isenberg asked staff about smoking indoors and about Pearland
being a smoke-free city. Vice Chairperson Dansby mentioned that there is another
cigar shop in Pearland and their members are allowed to smoke in a lounge location
in the rear of the building with smoke scrubbers. Deputy City Attorney Provins stated
that there is a smoking in public places prohibition located in the Pearland Code of
Ordinances, Section 20-9 that states that you cannot smoke in public places, but
that there is an exception for retail tobacco stores, like this one. Commissioner
Isenberg stated that he wanted to make sure that this business model aligned with
the ordinance but would recommend this conditional use permit. Commissioner
Cade stated that she would vote yes as well. Commissioner Boswell stated that she
is for this conditional use permit but asked why they changed from online to now in-
person selling of tobacco products. She also asked if they have had a cigar shop
store-front somewhere else. Mr. Aguilar stated that they opened in 2016 selling
wholesale cigar products online and have done business all over the state of Texas.
Commissioner Boswell asked if they will be selling alcohol in the future. Mr. Aguilar
stated that they will not be selling alcohol, but customers may be able to bring their
own alcoholic beverages in the future. Deputy City Attorney Provins stated that if
there are alcohol sales, they would not be able to sell cigar products, but they would
be able to participate in BYOB with the appropriate permit. Commissioner Henrichs
asked if they would be selling cigars and that City Council would look at only limiting
this shop to cigar and tobacco sales. Mr. Aguilar stated that they would not sell any
other smoking products like vapes and that they are not allowed to be used in their
shop. Commissioner Earles thanked Mr. Aguilar for bringing their culture into
Pearland. Vice Chairperson Dansby asked Mr. Aguilar if they will be rolling their own
cigars or if they will be selling name brand cigars. Mr. Aguilar stated that they have
their own factory that produces their own branded cigars. Vice Chairperson Dansby
asked how their neighboring tenants feel about the smoke. Mr. Aguilar stated that
they did ask their neighbors and they said that they have not problems with the
smoke and couldn't smell anything. Vice Chairperson Dansby asked if they would
have an outdoor smoking patio. Mr. Aguilar stated no that they do not have the
space. Deputy City Attorney Provins stated that would be smoking in public and that
is not allowed according to the city ordinance. All P&Z Commissioners in attendance
would be in support for this conditional use permit.
No further discussion from Staff, P&Z Commission or Public input.
Vice Chairperson Dansby read into the record the items on Commission Input and
Discussion — CUP Process and CBD Retail Stores.
COMMISSION INPUT AND DISCUSSION - CUP PROCESS AND CBD RETAIL
STORES
Discuss the general CUP process and CBD retail stores.
Commissioner Cade stated that there are so many CBD shops in the city, and she
believes that they should go through the conditional use permit process.
Commissioner Henrichs agrees with Commissioner Cade except for licensed
doctor's offices should be able to CBD products to their patience's. Commissioner
Cade asked about gas stations that sell CBD. Vice Chairperson Dansby asked
Commissioner Cade what is bothersome about a gas station selling CBD. Planning
Manager Griggs stated that staff looks at it from a use perspective and staff would
only be able to regulate if the store specializes in that product, so that product would
have to be more than fifty percent of their sales to require a CUP. Commissioner
Boswell stated that there CBD products with different percentages and asked if the
P&Z Commission is trying to regulate the products active ingredient percentage.
Commissioner Cade asked what the regulations are for CBD products.
Commissioner Earles asked the P&Z Commission if this a policy or a product that
they don't like. Planning Manager Griggs stated that these are questions that staff
can research and bring back with answers for further discussion, but the
commission may not be able to regulate the percentage of the product if it is allowed
to be sold within the state. Commissioner Cade stated that she does not have
anything against CBD, but she does not like the neon signs and other signage that
CBD shops use, especially in major throughfare areas. Commissioner Cade also
mentioned the amount of CBD stores in Pearland. Commissioner Boswell stated
that she agrees with everything that has been said so far and does agree that
additional research may need to be done to form a policy. Deputy City Attorney
Provins stated that when looking at CUP's that commission is looking at the
businesses impact on the neighbors and the changes the business may have on the
neighborhood. Vice Chairperson Dansby stated vape shops go through the CUP
process for a reason, so there can be an extra layer of control. Vice Chairperson
Dansby also said that no citizens came tonight to speak about this topic and voice
their opinion. Commissioner Henrichs said that Texas will soon allow marijuana to
be legal for sale, so the commission needs to look towards the future. Commissioner
Henrichs said these CBD shops could easily convert to marijuana shops when it
becomes legalized in Texas and how this will impact Pearland when it does.
No further discussion from Staff, P&Z Commission or Public input.
DISCUSSION ITEMS
1. Commissioners Activity Report — Planning Manager Griggs introduced
Planner Patrick Bauer. Planning Manager Griggs mentioned the City of
Pearland's platinum recognition with Scenic City Texas and at the October 11
City Council the city will be recognized by a representative from Scenic
Texas.
2. Next P&Z Regular Meeting — October 18, 2021.
ADJOURNMENT
Vice Chairperson Dansby adjourned the P&Z Regular meeting at 7:35 P.M.
These minutes were respectfully submitted by:
Shelby Lo , Office Assistant
K4iDUt8s approved as submitted and/or corrected on this 18th day of October 2O21.
A.O.
Henry FU8[texs. Planning & ZoDiDg Ch8i[p8[S0D