Planning & Zoning Commission
	Agenda Request
Agenda Of:	january 08, 2008	Agenda Request No:		IV-A
Initiated By:	Kathy Munoz, Executive Secretary	Responsible Department:		City Secretary
Presented By:	Glenda Gundermann, City Secretary	Department Head:		Glenda Gundermann, City Secretary
		Additional Department. Head (s):		N/A
Subject / Proceeding:	Minutes Planning & Zoning Commission Meeting December 11, 2007 Approve Minutes
Exhibits:	Minutes December 11, 2007
Clearances			Approval
Legal:	N/A		Director of Planning:
Recommended Action
Approve the minutes of the Planning & Zoning Commission meeting December 11, 2007.
Exhibits

STATE OF TEXAS	§
COUNTY OF FORT BEND	§
CITY OF SUGAR LAND	§

CITY OF SUGAR LAND

Sugar Land Planning and Zoning Commission MEETING

december 11, 2007

REGULAR MEETING

The City of Sugar Land Planning and Zoning Commission convened in a regular meeting open to the public and pursuant to notice thereof duly given in accordance with Chapter 551, Government Code, Vernon's Texas Codes, Annotated, as amended, in Sugar Land City Hall within said City on Tuesday, December 11, 2007 at 6:00 o'clock p.m. and the roll was called of the members; to wit:

Bridget Yeung, Chairman

Joe Zimmerman, Vice Chairman

James Shaw

Carl Stephens

Farha Ahmed

Marlena Berger

Paula Stansell

Ke Chen

Larry Davidson

QUORUM PRESENT

All of said members were present with the exception of Commissioner Zimmerman.

Also present were:

Meredith Wilganowski, Assistant City Attorney

Kathy Munoz, Executive Secretary, and

A Number of Visitors and Staff

CONVENE MEETING

Chairman Yeung convened the session, open to the public, to order at 6:00 o’clock p.m.

workshop

SUGAR LAND DEVELOPMENT CODE UPDATE

Chairman Yeung introduced review of and discussion on Sugar Land Development Code update.

Ms. Sabine Somers-Kuenzel, Director of Planning, introduced Mr. Kirk Bishop, Duncan Associates.

Ms. Somers-Kuenzel stated that there were six areas of the Development Code to be reviewed; the meeting discussion is an opportunity for the Commission to provide input regarding direction the city should take in regulating development to ensure the character of the city is maintained. Input from the Commission will provide Mr. Bishop with insight on the values; a status update will be provided on a periodic basis.

Ms. Somers-Kuenzel stated that one concern is the trend toward homes being built oversized and out of character with neighborhoods during renovation projects. City regulations require 40% maximum lot coverage; some builders have exceeded the coverage maximum which causes drainage problems. Mr. Bishop stated that all cities regulate setbacks and lot coverage. Some cities regulate on the basis of lot size to proportional volume, others regulate by floor area, but some say cubic footage is not a very good measure because vegetation can reduce bulkiness with landscape design. Most communities do not regulate design review, when they do it is typically done in historic or very small communities and is not recommended approach for Sugar Land. Too much review can get very complicated; usually a light touch is the general rule.

The Commission discussed Homeowner Associations deed restrictions and the potential for regulating those that are considered to be under regulated. It was determined that the city should not regulate to that level. Problems with violations in city ordinances was discussed and the need for stronger code enforcement.

Issues with commercial infill was discussed and the need for review regarding bulk plane regulations, parking garage regulations and lighting restrictions, noise control and regulation in Light Industrial (M-1) Districts, and issues with setbacks in commercial areas. Building finish regulations were considered to be adequate with no need further review.

RECESS THE MEETING

Chairman Yeung recessed the meeting at 6:55 p.m.

RECONVENE THE MEETING - COUNCIL CHAMBER

Chairman Yeung reconvened the meeting to order at 7:00 p.m.

PUBLIC COMMENT

Chairman Yeung introduced Public Comment stating that citizens desiring to address the Planning and Zoning Commission with regard to matters on the agenda would be received at this time.

There were no public comments.

minutes

Chairman Yeung introduced consideration on approval of the minutes of the regular City of Sugar Land Planning and Zoning Commission meeting held November 13, 2007.

Following a full and complete discussion, Commissioner Stansell, seconded by Commissioner Stephens, made a motion to approve the minutes of the regular City of Sugar Land Planning and Zoning Commission meeting held November 13, 2007 with Commissioner Shaw abstaining. The motion carried unanimously.

public hearings

CONDITIONAL USE PERMIT - OPERATE A CONVENIENCE STORE WITH GASOLINE SALES

Chairman Yeung introduced Public Hearing to receive and hear all persons desiring to be heard on a request for a Conditional Use Permit to operate a convenience store with gasoline sales located on the southeast corner of West Airport Boulevard and Eldridge Road in the Neighborhood Business (B-1) District.

Mr. Travis Tanner, Senior Planner, stated that a CUP is required for the gasoline sales component in the Neighborhood Business (B-1) District. With the exception of vacant residential land to the west across Eldridge, the surrounding property is zoned B-1. A site plan has been approved for Fort Bend Church directly to the south and for a Jack-in-the-Box to be located immediately east. A traffic impact analysis (TIA) has been approved for the overall development, resulting in the Valero site sharing a driveway with Fort Bend Church and the Jack-in-the-Box site and utilizing turn lanes to mitigate traffic impact. Eight (8) pump stations covered by a canopy are proposed. The site complies with all applicable development regulations including, but not limited to setbacks and parking.

Glen McDowell, Consultants, Brooks and Sparks, Incorporated, stated that the property is believed to be a good location for the proposed use, and that the development will comply with all building standards required by the city.

Pastor Byron Stevenson, Fort Bend Church, expressed concerns relative to compliance with the requirements by Texas Alcoholic Beverage Commission distance requirement of 300 feet minimum from a church when selling alcoholic beverages and concerns with the store being operated 24 hours a day; Mr. Tanner responded there was not an issue with distance regulations according to the Texas Alcoholic Beverage Commission.

Chairman Yeung hearing no further request to speak closed the public hearing.

Chairman Yeung introduced discussion and direction on a request for a Conditional Use Permit to operate a convenience store with gasoline sales located on the southeast corner of West Airport Boulevard and Eldridge Road in the Neighborhood Business (B-1) District.

Conditional Use Permit to operate a convenience store with gasoline sales

The Commission discussed landscape buffering or fencing between the church and the gas station; it was determined that buffering would be limited by joint access agreements that exist between the parties. Lighting from the canopy was discussed and the potential impact to adjacent neighborhoods. In response to questions regarding fast food service, the applicant responded that a bakery / taco stand would be located inside the store with minimal service area.

amend regulations for Site “A” - Sugar Land Town Square Planned Development (PD) District

Chairman Yeung introduced Public Hearing to receive and hear all persons desiring to be heard on a request to amend regulations for Site “A” of the final development plan for Sugar Land Town Square Planned Development (PD) District located at U. S. Highway 59 and State Highway 6.

Mr. Douglas Schomburg, Assistant Planning Director, stated Sugar Land Town Square Planned Development (PD) District “Site A” consists of approximately 2.4 acres located at the southwest intersection of State Highway 6 and Town Center Boulevard North. The amendment adds 100,000 square feet of development rights for retail, office, and restaurant options to the current allowance, removes discrepancies within the PD District requirements, and corrects Exhibit C showing the PD Layout. Specific amendments consist of:

• Add 100,000 square feet to the retail, office, and restaurant use options for Site A
• Replace existing Exhibit C with updated drawing to remove discrepancies and clarify PD Areas
• Add new exhibit to PD Ordinance showing Building Layout Option for Site A with key differences of with or without cul-de-sac private street

The most recent amendments to the Sugar Land Town Square were approved by City Council on July 17, 2007 under Ordinance No. 1624. The amendments affected development rights for Sites A, G, and K, with the most prominent feature being the addition of a 225 room hotel and a movie theatre option to Site A, and removal of a 300,000 square foot office building option for Site A. PCD has further examined office, retail, and restaurant uses for the site and determined that it was appropriate to request revisions to the PD to add square footage options; and has chosen to include two optional layouts for Site A, allowing for a degree of flexibility, while providing more certainty to the design.

The Planning Department has conducted a preliminary analysis and has found that the request is similar in nature to prior amendments within the 32 acre PD District; the additional 100,000 square foot will require expansion of the Texas Garage to include the adjacent flat parking lot.

Chairman Yeung hearing no further request to speak closed the public hearing.

amend regulations for Site “A” - Sugar Land Town Square Planned Development (PD) District

Chairman Yeung introduced discussion and direction on a request to amend regulations for Site “A” of the final development plan for Sugar Land Town Square Planned Development (PD) District located at U. S. Highway 59 and State Highway 6.

Mr. Les Newton, Planned Community Developers, stated the original plan included 300,000 square feet for office; the proposal is two-thirds of the original plan and increased density is not an issue. Parking can be easily expanded to accommodate the additional square footage. Rising building material costs and new developments with the hotel’s decision not to expand make office and adjacent retail the most viable choices.

permanent zoning of 28.02 acres, Telfair Section 20

Chairman Yeung introduced Public Hearing to receive and hear all persons desiring to be heard on a request for permanent zoning of 28.02 acres, Telfair Section 20 to Standard Single-Family Residential (R-1) District.

Ms. Ruth Lohmer, Planner II, stated the property contains 48 lots located in Tract 4 of the Telfair development north of Telfair Section 18. The request is in conformance with the Telfair General Plan (Amendment No. 3), approved by Council on December 19, 2006 and is not in conflict with the City of Sugar Land Comprehensive Plan.

Chairman Yeung hearing no further request to speak closed the public hearing.

Chairman Yeung introduced discussion and direction on a request for permanent zoning of 28.02 acres, Telfair Section 20 to Standard Single-Family Residential (R-1) District.

There was no direction from the Commission.

Conditional Use Permit to operate a hotel on 4.34 acre

Chairman Yeung introduced Public Hearing to receive and hear all persons desiring to be heard on a request for a Conditional Use Permit to operate a hotel on 4.34 acres, Sugar Creek Center, Reserve “B” in the Business Office (B-O) District.

Ms. Ruth Lohmer, Planner II, stated that Marriott Spring Hill Suites is requesting to develop a hotel in the Business Office (B-O) district on a 4.34 acre tract, to be replatted to approximately a 2.86 acre site. The vacant property on the west side of Century Square Boulevard is to the south of U.S. Highway 90A and immediately south of the existing mini-storage warehouses.

The hotel will be a four story building with 110 rooms accessed only by an interior hallway, and building finish standard requirements are a ratio of 85% primary materials consisting of brick, glass, or stone, or combination thereof . The hotel will offer a continental breakfast area adjacent to the lobby.

The conceptual site plan shows 117 parking spaces, meeting the requirement for hotels under the Development Code. The facility will access Century Square Boulevard which has sufficient capacity to handle the additional traffic created by the hotel, as well as any future office development that may occur north of the site.

The site is adjacent to vacant land zoned for Business-Office uses. Due to recent trends in the hotel development, both positive and negative, staff recommends the Commission consider mitigation measures to help ensure quality and safety for the hotel and adjacent properties through the CUP.

It has been shown that limited service hotels can have long-term viability, maintenance and security issues which can affect surrounding properties negatively over time. Other cities’ regulations include requiring at least one meeting room of at least 700 square feet with a sink and coffee bar, a swimming pool of least 800 square feet, 24 hour management on site, a lobby of 150 square feet or more and daily maid service.

Typically limited service hotels have greater issues with security and long-term viability; often cities require a minimum of at least 65 guest rooms, and newer hotels typically are accessed from an internal hallway with entry through the lobby for security reasons.

The site layout is not suited for parking large trucks or trailers; which could disrupt parking spaces and circulation areas and not be compatible with adjacent businesses in the District. Staff recommends prohibition of overnight parking of trucks with more than two axles or trailers and overnight parking of recreational vehicles as provided in the Development Code.

Points for consideration are intensity and compatibility with the existing surrounding uses, examination of the proposal within the Business-Office District, and regulations preventing future adverse impacts over time.

Llarance Turner, Kelly R. Kaluza & Associates, stated that the hotel will exceed all expectations stipulated by staff and that it would be a Marriott Springs Hills Suite. All parking issues and access issues have been addressed and the plan is in compliance with city requirements

Cindy Newlin, 1414 Horseshoe, stated that the hotel construction was comparable to an athletic event where often a team can be winning and then be undermined in the last part of the game. Development of the last parcels of land in Sugar Land could end up being the same way without careful planning. Sugar Land has done a great job in developing the City, but there are reasons for concern with development of a hotel in the proposed area as there have been instances where other businesses developed adjacent to a like hotel that were expected to do very well have financial difficulties and within a year were out of business.

Ms. Newlin requested the Commission consider adding restrictions to the CUP if approved that would guarantee that the location was a solid structure that would not become an eyesore; reminding the Commission that the Wal-Mart on U. S. 90A did not follow through with the brick façade as promised but rather chose to paint the stucco to look like brick. She asked the Commission to ensure that the CUP had adequate restrictions in place in case the hotel changed hands twenty years from now.

Cyril Hosley, 427 W. Alkire Lake Drive, expressed concern with having a limited service hotel stating that the CUP have restrictions and regulations that protect the 90A corridor; that businesses have asked to build in Sugar Land that have been turned down, and just because they want to be in Sugar Land doesn’t mean that there are no other options. She requested that the Commission consider and add regulations for restrictions on entry ways, parking of large two axle vehicles, landscaping requirements, types of amenities, security, quality of construction and material, and ensure viability of the hotel. The applicant may say that it will be a Marriott but the owner is not obligated to build Marriott Spring Hill suites or that particular brand. She asked the Commission to put restrictions in the CUP that would guarantee what was being promised. She stated that she was not necessarily asking the Commission to deny the CUP, but to ensure if approved that the CUP includes adequate restrictions.

Coy Campbell, 1002 Alkire Lake Drive, stated that he lived in the neighborhood adjacent to the proposed site. Citizens have spent a lot of time and effort in developing the city, the property is zoned for Business Office District, and that the applicant is asking for a variance to what the property is zoned. He said he believes that plans are being set aside for a different plan that really does not offer the city any advantages. He asked what the real benefit this hotel would have for the citizens of Sugar Land. He stated there were two hotels within a two blocks of the location and that it appeared it is becoming a hotel district rather than an office district. The particular location is not on a primary thoroughfare so there would need to be some type of advertisement to the location; the site really is not large enough for a hotel, and that he felt it would attract transient types wanting extended stay places. He stated he is against the hotel and urged the Commission to deny the request. If approved he request strict regulations to ensure that future security problems do not exist and that the site does not become an eyesore in the future. He reminded the Commission that the CUP is with the land forever and to ensure structure soundness and restricted parking.

Terry Puhl, 331 W. Alkire Lake Drive, directed the Commission to view some of the photographs again that were in the presentation and pointed out although it would appear to have wide open spaces from the angle of the camera that was not the case. Mr. Puhl asked the Commission if one of them would like to have a hotel that close to their home; Sugar Land residents have taken great strides to locate in areas that are protected and they want it to remain that way.

Chairman Yeung hearing no further request to speak closed the public hearing.

Chairman Yeung introduced discussion and direction on a request for a Conditional Use Permit to operate a hotel on 4.34 acres, Sugar Creek Center, Reserve “B” in the Business Office (B-O) District. Ms. Ruth Lohmer, Planner II.

Llarance Turner, Kelly R. Kaluza & Associates, responded to Commissioner’s questions stating that the development would be a high class hotel with 45 foot green space around the perimeter with a meeting room to accommodate 150 people and an indoor pool. The benefit to taxpayers is that it would add value to the tax roll and benefit the property tax rate. The hotel will provide a breakfast area with continental breakfast, and vending machines but no restaurants.

Following a lengthy discussion, the Commission directed staff to provide more information on the type of meeting room, indoor pool, management on site, security, parking regulations, signage, buffering, extended stay, building materials, and architectural drawings proposed for the site.

REPORTS

CITY COUNCIL LIAISON REPORTS

Council Member Olson commented on Imperial Development and upcoming appointment of the Tax Increment Reinvestment Zone Number 3, approval of Methodist helipad site, approval of a solid waste contract and approval of numerous groundwater reduction agreements.

PLANNING AND ZONING COMMISSION LIAISON REPORTS

Commissioner Yeung, commented on approval of Highway 6 Streetscape Plan, approval of the 2007 Hike and Bike Trails Plan, and red light cameras.

CITY STAFF REPORT

There was no report.

ADJOURN

There, being no further business to come before the Commission, Commissioner Shaw, seconded by Commissioner Berger moved that the meeting adjourn. The motion carried unanimously and the meeting adjourned, time at 9:00 o'clock p.m.

Bridget Yeung, Chairman

(SEAL)