2008-10-20 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE
PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD
ON OCTOBER 20, 2008, AT 6:30 P.M., IN THE COMMUNITY CENTER, TEMPORARY
CITY HALL, 3523 LIBERTY DRIVE, PEARLAND, TEXAS
CALL TO ORDER
The public hearing was called to order at 6:31 p.m. Mayor Tom Reid opened the hearing
for the City Council, and P&Z Chairperson Henry Fuertes opened the hearing for the
Planning and Zoning Commission, with the following present:
Mayor Tom Reid
Mayor Pro -Tem Helen Beckman
Council Member Kevin Cole
Council Member Felicia Kyle
Council Member Woody Owens
Council Member Steve Saboe *
P & Z Chairperson Henry Fuertes
P & Z Vice -Chairperson Jerry Koza, Jr.
P & Z Commissioner Neil West
P & Z Commissioner Darrell Diggs
P & Z Commissioner Charles Gooden, Jr.
P & Z Commissioner Ron Capehart
P & Z Commissioner Susan Sherrouse
Also in attendance: City Manager Bill Eisen; City Attorney Darrin Coker; Assistant City
Manager Nick Finan; Assistant City Manager Mike Hodge; Planning Director Lata
Krishnarao; and Planning Administrative Secretary Judy Krajca.
Planning Director Lata Krishnarao explained the Joint Public Hearing process for the
attending public, and explained that the Planning & Zoning Commission Meeting would
follow the Joint Public Hearing.
Mayor Tom Reid opened the public hearing for Conditional Use Permit No. CUP2008-24 at
6:35 p.m.
Conditional Use Permit No. CUP 2008-24
P&Z Chairperson Henry Fuertes read the purpose of the hearing.
Request of Harvest Development c/o Curry Architecture LLC, applicant for Vivian Naeve,
owner, for approval of a Conditional Use Permit to permit Assisted Living Facility in
Neighborhood Service (NS) zone, on the following described property:
LEGAL DESCRIPTION: 18.26 acres of land, in the T.D. Yocum Survey, A-399 and the
A.C.H & B Survey, A-147, Brazoria County, Texas
GENERAL LOCATION: Generally located on the North Side of John Lizer Road, East of
Pearland Parkway.
Planning Director Lata Krishnarao read the staff report stating the subject parcel is 18.32
acres, with the applicant proposing a 118 suites, 3 -story retirement residence along with 13
one-story, and duplex condominium cottages. The development will conform to the
definition of Assisted Living Facility in the UDC, and Assisted Living Facility is permitted in
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an NS zone with a CUP. Staff recommends approval of the CUP, that all requirements of
the UDC be met and no variances are included in the approval of this CUP.
Mr. Mark Lowen of 471 High Street SE, Suite 10, Salem, Oregon spoke on behalf of the
applicant. Mr. Lowen provided an animated PowerPoint presentation.
Mr. Bob Burgess of 6520 Broadway, Apt. 527, Pearland, Texas 77584 spoke in favor. Mr.
Burgess stated that he and his wife own the property located on Pearland Parkway, that
the applicant is seeking to use for their entrance, and that they are willing to work with the
applicant.
Ms. Melinda Steed of 1916 Crooked Creek, Pearland, Texas 77581 spoke in opposition.
Ms. Steed explained that Harvest Development broadcast on their website independent
living, but is seeking a permit for assisted living. Ms. Steed feels it could be a major
setback for seniors. Ms. Steed asked the following questions:
Do they have input from the Fire Marshal?
Do they have any existing assisted living facilities in the U.S.?
Is this not an independent facility under the disguise of assisted living facility?
Mrs. Jackie Burgess of 6520 Broadway, Apt. 527, Pearland, Texas 77584 spoke in favor.
Mrs. Burgess feels it is a wonderful use, which it is compatible with their own property,
which is zoned GB. Ms. Burgess went on to say that the property is tranquil and serene,
and feels that Pearland's older residence will benefit.
Mr. Pete Zamora, Bellavita Senior Facility, Pearland, Texas spoke in favor, adding that he
feels it will benefit Pearland and enhance the property owned by the Burgess family.
Mr. Chris Lesak of 9206 Southbluff, Houston, Texas 77089 spoke in favor noting that he
has worked with Harvest Development and the Burgess family.
Council Member Kevin Cole stated he was concerned with the definition of Assisted Living
Facility and feels this independent living. Mr. Cole asked if this was a semantic to come in
as an assisted living facility, when it really is an independent living facility; and, because it
is a CUP and we have assisted living in the area, he wants to see if the market can support
this.
Mr. Ron Jackson spoke that when they initially met with staff, they were coming forward as
a Multi -Family with a PUD. However, after reading the UDC, and meeting with the
Planning Director, they discovered that they met the UDC definition of an Assisted Living
Facility. Mr. Jackson further stated that Harvest Development has two other facilities in
Texas, both as Independent Living facilities.
Council Member Felicia Kyle stated that she did not read the application and documents as
being misleading. She read the UDC definition of Assisted Living Facility and agrees that
they meet the criteria as defined in the UDC. Ms. Kyle went on to ask how the applicant
would discern between residents that want to live on the 2"d floor or the 1St floor, with a
need to evacuate. Mr. Jackson stated it was the management's decision, based on health
and safety. Ms. Kyle also asked if the applicants project was receiving any government
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funding, which Mr. Jackson replied no; and if the applicant had any association with any of
the other developers that had come before the city with an assisted living facility. Mr.
Jackson replied no to both.
Mayor Pro -Tem Helen Beckman stated she was in favor, and asked where the detention
was located. Mr. Jackson and Mr. Lowen demonstrated on the maps, the area to the east
of the development.
Mayor Tom Reid stated the facility was very similar to Bellavita
Council Member Woody Owens commented that he had read the report and noticed that it
mentioned the average age as 70's to 80's. Mr. Ron Jackson replied that the leases are
offered for those 55 +, but in the last 30 years, the typical age is in the mid 70's to low 80's.
Mr. Owens inquired about proposed facades and compliance with the overlay district. Mr.
Jackson replied that they would comply with the overlay district.
Council Member Felicia Kyle inquired as to the guestimated rent for the facility.
Mr. Jackson replied that he was not sure, but typically, studios rented out between $1,000
and $1,200 per month.
P&Z Commissioner Neil West inquired what they thought of Mary's Creek. Mr. Jackson
replied that they would have to raise the site up, as the main portion was in a flood zone.
Mr. Jackson also stated that he had met with both the City Engineer Narciso Lira and Al
Lentz at the BDD #4.
Council Member Kevin Cole inquired about the 1.5 acres that is unplanned. Mr. Jackson
stated they were working with the Burgess' and meeting their needs. Mr. Cole asked that if
the Planning and Zoning Commission were to approve the CUP, to add the condition that
the marketing is for independent living, and not assisted living.
Mr. Jackson replied that the City of Pearland can place a condition of approval on the CUP
to read "Is non -assisted living by medical standpoint."
P&Z Chairperson Henry Fuertes inquired about the parking ratio, since this was similar to a
multi -family facility. Planning Director Lata Krishnarao replied that the parking ratio for MF
is 2:1, and the parking ration for Assisted Living is 1:2. P&Z Chairperson Fuertes stated he
had concerns with the site plan being distributed tonight at the meeting, with no time to
review, and the fact that the 1.5 acres is still being negotiated, along with the second
entrance.
Mr. Jackson replied that the 1.5 acres is part of the 18.6 acres and will not be added to
this. Mr. Jackson also commented that if the city wishes to write in a condition of approval,
they would abide by it.
Council Member Woody Owens addressed concerns he still had with the upstairs quarters,
one elevator, and the evacuation process.
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P&Z Commissioner Neil West asked that the applicant think more about green space.
Planning Director Lata Krishnarao stated that she had spoken with the Parks Director Jon
Branson and the City of Pearland is asking for a 50 foot trail easement on the east side,
when the property is platted.
Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. CUP 2008-
24 at 7:35 p.m.
Mayor Tom Reid opened the public hearing for Zone Change No. 2008-16Z at
7:35 p.m.
Zone Change No. 2008-16Z
P&Z Chairperson Henry Fuertes read the purpose of the hearing.
Request of Mike Pollak, applicant for Signature Eubanks, owner, for approval of a change
in zoning district from classification Townhouse Residential District (TH) to General
Business Retail District (GB), on the following described property:
LEGAL DESCRIPTION: 15.0373 acres out of Kanawha -Texas Company Subdivision of
Sections 18 & 22 (Vol. 2, pg 51 B.C.P.R) and Section 18 H.T. & B. R.R. Co. Survey, A-547,
Houston, Harris County, Texas
GENERAL LOCATION: Generally located on the North side of proposed Magnolia Road
and East side of FM 1128 (Manvel Road).
Planning Director Lata Krishnarao stated that the applicant has asked to defer his
application until the November 14, 2008 hearing.
Mayor Tom Reid adjourned the public hearing for Zone Change No. 2008-16Z at 7:36
p.m.
Mayor Tom Reid opened the public hearing for Zone Change No. 2008-17Z at
7:36 p.m.
Zone Change No. 2008-17Z
P&Z Chairperson Henry Fuertes read the purpose of the hearing.
Request of Randy and Deanna Patro, applicant and owner, for approval of a change in
zoning district from classification Single Family Estate District (R -E) to Single -Family
Residential -1 District (R-1) on the following described property:
LEGAL DESCRIPTION: 1.224 acres, being out of lot 47, Figland Orchard Subdivision
Number One, according to the plat thereof, as filed in Volume 3, Page 77, Brazoria County
Plat Records, H.T. & B. R.R. Co. Survey, Abstract Number 240, and F.B. Drake Survey,
Abstract Number 509, Pearland, Brazoria County, Texas.
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GENERAL LOCATION: Located on 5510 Magnolia Road
Council Member Steve Saboe arrived at 7:37 p.m.
Planning Director Lata Krishnarao read the staff report stating the applicant has indicated
that the purpose of the zone change is to match the zoning of the surrounding properties
and to comply with the City's building requirement. The parcel is developed with a single-
family house and a detached accessory building, which the applicant is proposing to attach
to the house to be in conformance. Staff recommends approval and received one verbal
public comment in favor.
Mr. Randy Patro of 5510 Magnolia Road spoke briefly and asked for the City's support.
There was no one present to speak for or against the zone change.
Council Member Felicia Kyle asked if the building or the house was non-compliant.
Planning Director Krishnarao stated the house was in compliance; only the accessory
building was non-compliant.
P&Z Commissioner Neil West asked for a definition of an accessory building and Planning
Director Krishnarao quoted from the UDC. Mr. West asked if this could include living
quarters, and Planning Director stated no, but could include servant quarters.
Mayor Tom Reid adjourned the public hearing for Zone Change No. 2008-17Z at
7:46 p.m.
ADJOURNMENT
Mayor Tom Reid adjourned the series of hearings at 7:46 p.m.
These minutes are respectfully submitted by:
04-1
Judy rajca
Planning Administrative Secretary
Minutes approved as submitted and/or corrected on this 10th day of Nov ber 2008, A.D.
Mayor Tom Reid
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