2011-01-17 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND
PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS,
HELD ON JANUARY 17, 2011 AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY
HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS
Mayor Tom Reid and Acting P&Z Chairperson Darrell Diggs opened the series of public
hearings to order at 6:39 p.m. with the following present:
Mayor Tom Reid
Mayor Pro Tem Scott Sherman
Council Member Ed Thompson
Council Member Woody Owens
Council Member Steve Saboe
Council Member Felicia Kyle
P&Z Commissioner Darrell Diggs
P&Z Commissioner Richard Golden
P&Z Commissioner Henry Fuertes
P&Z Commissioner Neil West
Also in attendance: Deputy City Attorney Nghiem Doan, Assistant City Manager Mike
Hodge, Assistant City Manager Jon Branson, City Manager Bill Eisen, Senior Planner
Harold Ellis, Planning Director Lata Krishnarao, Assistant City Engineer Trent Perez,
and Planning Office Coordinator Judy Krajca.
Senior Planner Harold Ellis explained the Joint Public Hearing process for the attending
public, and explained that the Planning & Zoning Commission meeting will immediately
follow the Joint Public Hearing.
Mayor Tom Reid called to order the Public Hearing for Conditional use Permit No. CUP
2011-01 at 6:41 p.m.
NEW BUSINESS
CONSIDERATION & POSSIBLE ACTION - CONDITIONAL USE PERMIT NO. CUP
2011-01
A request of Alan Mueller, applicant for The Carden -Jackson School, Inc., owner, for
approval of a Conditional Use Permit to allow the operation of Golden Rule Services,
Inc., in the Single -Family Residential -2 (R-2) zone, on the following described property,
to wit:
Legal Description: Approximately 8.031 Acre Tract of Land out of the W.D.C. Hall
Survey, Abstract No. 70, Brazoria County, Texas, being a called 8.11 acre tract of land
as described in Volume 1340, Page 651 of the Deed Records of Brazoria County,
Texas
General Location: 3801 Liberty Drive, Pearland Texas
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Acting P&Z Chairperson Darrell Diggs read the purpose of the hearing.
Senior Planner Harold Ellis read the staff report stating the applicant is seeking a
Conditional Use Permit to allow the operation of Golden Rule Services, Inc., a non-profit
organization providing day habilitation and other services for people with developmental
or intellectual disabilities. Staff is in favor of the Conditional Use Permit.
Mr. Alan Mueller, applicant, of 4201 Broadway Pearland Texas spoke, as did Danny
Armond, President and CEO of Golden Rule Services, 2510 Westminister Pearland
Texas.
The following spoke, with 3 in favor and 1 in opposition:
Mr. David Karstet of 1843 Raintree Circle Seabrook Texas spoke in favor.
Ms. Leslie Phelps of 21631 Rio Villa Drive Houston Texas spoke in favor.
Ms. Jill Kasserman of 110 Clearview #207 Friendswood Texas spoke in favor.
Mr. James Vrazel 2504 Stacy Pearland Texas spoke in opposition, due to the traffic and
impact it might have on the neighborhood.
Council Member Steve Saboe inquired if this was a purchase or a lease. Mr. Alan
Mueller replied it would be a purchase. Council Member Saboe also asked for
clarification on the timeline of the CUP expiring, and also if it was not in use for a period
of time, what the timeline would be. Deputy City Attorney Nghiem Doan stated that the
applicant has one year to get his permit, or else the CUP expires. If the property sits
vacant for over 6 months, the CUP expires, as referenced in the UDC Section 2.2.3.5
(a), (b).
Mayor Tom Reid adjourned the public hearing for Conditional Use Permit No. CUP
2011-01 at 7:01 p.m.
Mayor Tom Reid opened the public hearing for Zone Change Application No. 2011-01Z
at 7:01 p.m.
CONSIDERATION & POSSIBLE ACTION - ZONE CHANGE APPLICATION NO.
2011-01 Z
A request of Kerry R. Gilbert & Assoc., applicant, for approval of a zone change from
the Single -Family Estate District (R -E) zone, to Single -Family Residential -1 (R-1) zone
for (3) tracts of land including approximately 130 acres on the following described
property, to wit
Legal Description: 61.217 acres of land located in the Derril H.M. Hunter Survey,
Abstract 36, Harris County, Texas, more particularly being a portion of that certain
called 155.4029 acre tract (designated as Partition No. 5) of record in Volume (91) 880,
Page 476, Official Records of Brazoria County (B.C.O.R.) and File No. R840236,
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Official Public Records of Real Property of said Harris County (H.C.O.P.R.R.P.); and
being 56.233 acres of land located in the Derril H.M. Hunter Survey, Abstract 36, Harris
County, Texas more particularly being a portion of a called 181.6209 acre tract
conveyed to Sue Alexander Morrison, by instrument of record in Volume 1596, Page 93,
Deed Records of said Brazoria County Deed Records, and File No. H178351, Official
Public Records of said Harris County (H.C.O.P.R.R.P.); and being 12.810 acres of land
located in the Derril H.M. Hunter Survey, Abstract 36, Harris County, Texas, more
particularly being all of that certain called 12.597 acre tract conveyed to Clear Brook
City Municipal Utility District, by an instrument of record in File No. U800015, Official
Public Records of Real Property of said Harris County (H.C.O.P.R.R.P.).
General Location: East of Pearland Parkway, north of proposed Hughes Road, and
east of Clear Creek, and referred to as proposed The Preserve at Clear Creek
subdivision.
Acting P&Z Chairperson Darrell Diggs read the purpose of the hearing.
Senior Planner Harold Ellis presented the staff report stating the applicant is seeking to
develop the Preserve at Clear Creek, a proposed approximately 130 acres and 285 lot
single-family home development. Subsequent to the zone change, if approved, staff will
process an application (already on file with the city) for a Cluster Development Plan,
and would only be for a Single -Family Residential -1 (R-1). Staff is in favor of the zone
change.
Mr. Kerry Gilbert, applicant, of 23501 Cinco Ranch Boulevard Katy Texas spoke and
showed a detailed power point of the cluster development plan.
Ms. Mary Watson of 8115 Azure Brook Drive Houston Texas spoke in opposition with
concerns of traffic on their street when the cut through is made, and the effect it would
have on the value of their homes.
Mr. Larry Marcott of 3606 Inverness Court Pearland Texas spoke of concerns that the
landscaping needs to be tied down before proceeding, as the same was not done for
the traffic circle on Pearland Parkway. Mr. Marcott was also concerned that the cul-de-
sacs were too small.
Mr. Tom Alexander, owner, of 1803 Washington Irving Drive Pearland Texas spoke in
favor of the zone change.
Council Member Scott Sherman asked about the Hughes Road project, and Assistant
City Manager Mike Hodge stated that it was under contract with Beazer Homes, with
construction being awarded this month for the portion of the road required for access. It
will take approximately 12 months to complete. Council Member Sherman expressed
concern with the connection and completion of the remainder of Hughes Road. James
Ross of LJA Engineering spoke of the road and completion. There was much
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discussion with regards to Hughes Road being completed, and the cut-out to Azure
Brook Drive.
P&Z Commissioner Neil West excused himself from the meeting at 7:55 p.m. and
returned at 7:59 p.m.
Council Member Ed Thompson stated he was concerned with the completion of Hughes
Road. Discussion ensued with regards to the traffic study and that it does not include
the east portion of Hughes Road.
Council Member Felicia Kyle stated she would not vote in favor if the city did not have a
firm date to complete Hughes Road.
Mr. Kerry Gilbert suggested a 911 gate to be put in place at Azure Brook Drive.
Discussion ensued.
Mayor Tom Reid suggested another workshop, and Assistant City Manager Mike Hodge
suggested instead to work with the P&Z Commission and for them to report back with
City Council with suggestions for a solution to all the concerns discussed.
Mr. Dan Olson of Beazer Homes spoke briefly about the project and their timeline.
Council Member Steve Saboe reminded all that the vote was for the zone change and
asked for clarification as to who approves a Cluster Development Plan. Planning
Director Lata Krishnarao stated Cluster Plans are approved by P&Z only.
Mayor Tom Reid adjourned the public hearing for Zone Change Application No. 2011-
01Z at 8:21 p.m.
ADJOURNMENT
Mayor Tom Reid adjourned the series of public hearings at 8:21 p.m.
These minutes are respectfully submitted by:
11'�T '
Judy Kr ca, PI ning O ice/Coordinator
Minutes approved as submitted and/or corrected on this 14th day of February 2011,
A. D.
Mayor Tom Reid
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