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Home My WebLink About2019-10-21 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT SPECIAL MEETING MINUTES 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 Iry T: l Roan, TRMC, CMC •: $ City Secretary v �=