City Council
	Agenda Request
Agenda Of:	05/20/2008	Agenda Request No:		V A
Initiated By:	Ruth Lohmer, Senior Planner	Responsible Department:		Planning
Presented By:	Ruth Lohmer, Senior Planner	Department Head:		Sabine Somers-Kuenzel aicp Director of Planning
		Additional Department. Head (s):		n/a
Subject / Proceeding:	permanent zoning from interim standard single-family residential to planned development (pd) district for telfair central second reading ordinance no. 1683
Exhibits:	vicinity map, telfair general plan, Ordinance No. 1683, Use List Supplemental Information, Application, public hearing notice
Clearances			Approval
Legal:	Meredith Wilganowski, Assistant City Attorney		Executive Director:	Jim Callaway Community Development
Purchasing:	n/a		Asst. City Manager:	n/a
Budget:	n/a		City Manager:	Allen Bogard/for AB
Budget
Expenditure Required: $			n/a
Amount Budgeted/Reallocation: $			n/a
Additional Appropriation: $			n/a
Recommended Action
Hold Public Hearing; Conduct First Reading and pass to Second Reading of Ordinance 1683.
Executive Summary
This item is the first step of a two step PD zoning for 7.799 acres of land which will be Telfair Central, located at the southwest corner of the intersection of University Blvd and New Territory Blvd. The property consists of 5.123 acres for a museum site (Central State Farm building) to be developed by the City and 2.676 acres for a commercial site to be developed by Newland Communities. The proposed Planned Development (PD) District will be created through a two-step process, which will consist of a General Development Plan to rezone the 7.79 acres from interim-R-1 followed by two individual Final Development Plans. The Final Development Plans are anticipated to be submitted at a future date by Newland and the City of Sugar Land to contain all of the key details for development of each of the two sites. Though they will be developed by two different parties, the two sites are intended to be integrated so that the buildings and uses complement one another. There will be sidewalks along the access easement between the sites, and there may be a crosswalk across the access easement to help customers in walking from one site to the other. It is the applicants’ intention for the area to be pedestrian-friendly and easily traversed by foot. As such, the commercial site should include uses that complement the adjacent museum site, such as small eating places or coffee shops. It might also contain neighborhood services, such as dry cleaning pick-up/drop-off, and educational services. The property was annexed into the corporate limits of Sugar Land under Ordinance No. 1431 on July 1, 2004, with interim R-1 zoning applied to all of the Telfair property. The property includes the existing Central State Farm Prison building, which will house the Houston Museum of Natural Science at Sugar Land. The remaining portion of the property is currently vacant. The proposed PD zoning is in conformance with the revised General Plan for Telfair as approved by City Council on December 19, 2006. The Planning and Zoning Commission held a public hearing for this item on March 27, 2008, and no members of the public spoke. Commission discussion included questions on several proposed uses. The Commission recommended that a number of uses be removed from the permitted submitted list, including SIC 7011 Hotels, SIC 8351 Child Day Care Services, SIC 7299 Miscellaneous Personal Services, SIC 5331 Variety Stores, and SIC 5813 Drinking Places. In addition, the Commission recommended that SIC 7911, Dance Studios, be limited to 10,000 ft^2. The Planning and Zoning Commission unanimously recommended approval of the permanent zoning to PD on April 8, 2008. The attached ordinance includes the revisions recommended by the Commission. File No. 9613
Exhibits

STAFF REPORT

GENERAL SITE INFORMATION AND ANALYSIS:

Compliance with Comprehensive Plan	This proposal is not in conflict with the Comprehensive Plan.
Compliance with General Plan	Telfair General Plan Amend. No. 3 indicates R-1 for this section.
Subject Property	Interim Standard Single Family Residential (R-1)
Surrounding Property Zoning	North: Interim Standard Single-Family Residential (R-1) South: Interim Standard Single-Family Residential (R-1) East: Standard Single-Family Residential (R-1) West: Interim Standard Single-Family Residential (R-1)
Surrounding Land Use	North: Undeveloped South: Detention East: Developing Single-Family Residential (Telfair Section 11) West: Undeveloped

Comprehensive/Land Use Plan Application:

The Telfair General Plan Amendment No. 3 (approved December 19, 2006) indicates that the Telfair Central property will be a part of an area which was intended to be a civic area to include recreational facilities, a community center and related uses. The proposal for Telfair Central PD is in character with the intent of the General Plan.

POINTS FOR CONSIDERATION:

Request for Planned Development District for Telfair Central:

• Is not in conflict with the City of Sugar Land Comprehensive Plan
• Is in conformance with Telfair General Plan Amendment No. 3
• PD process will provide certainty for site layout of commercial and adjacent museum/civic uses at this location
• PD is well-suited for integrating commercial uses with adjacent museum site

Vicinity Map:

Telfair General Plan (Amendment No. 3):

Approved December 19, 2006

ORDINANCE NO. 1683

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, PERMANENTLY ZONING 7.799 ACRES OF LAND LOCATED AT THE SOUTHWEST INTERSECTION OF NEW TERRITORY BOULEVARD AND UNIVERSITY BOULEVARD WITHIN THE TELFAIR DEVELOPMENT, AS ZONING DISTRICT PD, PLANNED DISTRICT ZONING, AND APPROVING A GENERAL DEVELOPMENT PLAN FOR THE DISTRICT.

WHEREAS, NNP-Telfair, L.P. has requested that 7.799 acres of land located at the southwest intersection of New Territory Boulevard and University Boulevard within the Telfair Development be permanently zoned as Zoning District PD, Planned Zoning District, as described in Exhibit A; and

WHEREAS, the City Council has held a public hearing on the proposed permanent zoning for which notice was given as required by law; and

WHEREAS, the applicant has submitted a general development plan for the PD which complies with the requirements of the zoning regulations; and

WHEREAS, the Planning and Zoning Commission recommends approval of the zoning change and the general development plan for the PD; and

WHEREAS, the City Council finds that the zoning change and the general development plan comply with the City’s comprehensive plan; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY COUNCIL

OF THE CITY OF SUGAR LAND, TEXAS:

Section 1. That the 7.799 acres of land, described in Exhibit A, attached to and incorporated into this ordinance by reference, is permanently zoned as Zoning District PD, Planned Zoning District.

Section 2. That a general development plan (attached as Exhibit B), consisting of the following exhibits, attached to and incorporated into this ordinance by reference, is approved for the PD:

Exhibit B-1: General Site Plan

Exhibit B-2: List of Permitted Uses

Section 3. That the City's official zoning map is amended to show the permanent zoning district classification.

READ IN FULL on first consideration on _____________________, 2008.

APPROVED upon second consideration on ____________________, 2008.

________________________

David G. Wallace, Mayor

ATTEST: Reviewed for Legal Compliance:

____________________________

Glenda Gundermann, City Secretary

Attachment: Exhibit A – Metes and Bounds Description

Exhibit B – General Development Plan

Exhibit B-1 – General Site Plan

Exhibit B-2 – Permitted Uses

EXHIBIT A: Metes & Bounds Description

EXHIBIT B

GENERAL DEVELOPMENT PLAN

(Telfair Central)

A. Contents. This general development plan contains the following parts:

1. Contents

2. General Provisions

3. Land Uses

4. Development Regulations

5. Landscape & Pedestrian Circulation Regulations

6. Additional Regulations

B. General Provisions.

1. The PD approved herein must be constructed, developed, and maintained in compliance with this ordinance and other applicable ordinances of the City. If any provision or regulation of any City ordinance applicable in a B-2 (General Business) zoning district is not contained in this ordinance, all the regulations contained in the Development Code applicable to the B-2 zoning district in effect on the effective date of this ordinance apply to this PD as though written herein, except to the extent the City regulation or provision conflicts with a provision of this ordinance.

2. Except as otherwise provided herein, the words used in this final development plan have the meaning established by the Development Code. In this ordinance:

Museum means Houston Museum of Natural Science at Sugar Land

Open Space means the portion of all land contained within the PD that is not covered by buildings, parking lots, driveways, improved pedestrian areas, or other impermeable material.

PD means the planned development district created by this ordinance.

Pavers means colored interlocking bricks, tiles, stones, blocks, or concrete units.

C. Land Uses.

Permitted land uses for all parcels are listed in Exhibit B-2. All other land uses are prohibited in these parcels.

D. Development Regulations.

1. Maximum height of structures: All new facilities may be no greater than 40 feet above ground level and existing facilities (Central Farm Building) may be no greater than 50 feet.

2. Minimum yards:

(a) Abutting New Territory Blvd: 40 feet

(b) Abutting University Boulevard: 40 feet

(c) Abutting Access Easement: 10 feet

(d) All other: 0 feet

3. Minimum Parking Lot Setbacks:

(a) New Territory lot lines: 30 feet

(b) University Boulevard lot lines: 40 feet

(c) Access Easement lot lines: 10 feet

(d) All other: 0 feet

4. Paving:

(a) All parking lots, driveways, and vehicle use areas outside of individual building parcels must be constructed of concrete.

(b) All driveways and streets within individual building parcels may be paved with a concrete surface or interlocking pavers.

E. Landscape & Pedestrian Circulation Regulations.

1. Minimum landscape buffers, continuous along:

(a) New Territory: 30 feet deep

(b) University Boulevard: 40 feet deep

(c) Access Easement: 10 feet deep

(d) All other: 0 feet deep

2. Minimum Open Space: 15%.

3. Sidewalks:

(a) Continuous sidewalks are required along all roadways, including access easements.

F. Additional Regulations.

1. Outside display of merchandise is not permitted.

2. Any existing structures located within a landscape easement area must remain as is.

EXHIBIT B-1

General Site Plan

EXHIBIT B-2

Permitted Uses

USES SIC CODE

RETAIL:

Paint, Glass, and Wallpaper Stores 5231

Garden Stores only 5261

Miscellaneous General Merchandise 5399

Fruit and Vegetable Markets 5431

Candy, Nut, and Confectionary Stores 5441

Retail Bakeries 5461

Apparel and Accessory Stores 56

Home Furniture, Furnishings, and Equipment 57

Eating Places 5812

Miscellaneous Retail with exception of Group 598 Fuel Dealers 59

and 5921 Liquor Stores

FINANCE, INSURANCE, AND REAL ESTATE:

Depository Institutions with exception of 6099 Check Cashing Agencies 60

Non-depository Credit Institutions 61

Security and Commodity Brokers, Dealers, Exchanges, Services 62

Insurance Carriers 63

Insurance Agents, Brokers, and Service 64

Real Estate 65

Holding and Other Investment Offices 67

SERVICES:

Garment Pressing, and Agents for Laundries and Drycleaners 7212

(pressing and pickup-dropoff only)

Photographic Studios, Portrait 7221

Beauty Shop 7231

Barber Shop 7241

Shoe Repair Shop and Shoeshine Parlors 7351

Tax Return Preparation 7291

Advertising Agencies 7311

Outdoor Advertising Agencies 7312

Radio, Television, and Publishers’ Advertising Representatives 7313

Advertising, NEC 7319

Adjustment and Collection Services 7322

Credit Reporting Services 7323

Direct Mail Advertising Services 7331

Photocopying and Duplicating Services 7334

Commercial Photography 7335

Commercial Art and Graphic Design 7336

EXHIBIT B-2 (cont’d)

Permitted Uses

USES SIC CODE

SERVICES (cont’d):

Secretarial and Court Reporting Services 7338

Employment Agencies 7361

Help Supply Services 7363

Computer Programming Services 7371

Prepackaged Software 7372

Computer Integrated Systems Design 7373

Computer Processing and Data Preparation and Processing Services 7374

Information Retrieval Services 7375

Computer Facilities Management Services 7376

Computer Rental and Leasing 7377

Computer Maintenance and Repair 7378

Computer Related Services, NEC 7379

Security Systems Services 7382

News Syndicates 7383

Photofinishing Laboratories 7384

Business Services, NEC 7389

Watch, Clock, and Jewelry Repair 7631

Dance Studios and Schools except dance halls, max. 10,000 ft² 7911

Offices and Clinics of Doctors, Dentists, Chiropractors, 8011-8043

Optometrists, Podiatrists

Legal Services 8111

Schools and Educational Services, NEC 8299

Museums, Art Galleries, and Botanical and Zoological Gardens 84

Engineer, Accounting, Research, Management, and Related Services 87

with exception of 8744 Correctional Facilities and Jails

Civic and Social Organizations 8641

Services, NEC 8999

Parks and Recreation Facilities only 99

NEC denotes Not Elsewhere Classified

Use List Supplemental Information: Telfair Central PD District

During discussion at the Planning and Zoning Commission meetings, questions were raised about the uses that are included under the “Miscellaneous” and “Not Elsewhere Classified” categories. Below is a detailed list of the uses that are included in each of these categories.

RETAIL-

5399 Miscellaneous General Merchandise Stores

• Catalog showrooms, general merchandise: except catalog
• Country general stores-retail
• General merchandise stores-retail
• General stores-retail

Major Group 59 Miscellaneous Retail-

• 5912 Drug Stores and Proprietary Stores
• 5932 Used Merchandise Stores
• 5941 Sporting Goods Stores and Bicycle Shops
• 5942 Book Stores
• 5943 Stationary Stores
• 5944 Jewelry Stores
• 5945 Hobby, Toy, and Game Shops
• 5946 Camera and Photographic Supply Stores
• 5947 Gift, Novelty, and Souvenir Shops
• 5948 Luggage and Leather Goods
• 5949 Sewing, Needlework, and Piece Goods Stores
• 5961 Catalog and Mail-Order Houses
• 5962 Automatic Merchandising Machine Operators (Vending)
• 5963 Direct Selling Establishments (telephone or house-to-house)
• 5992 Florists
• 5993 Tobacco Stores and Stands
• 5994 News Dealers and Newstands
• 5995 Optical Goods Stores
• 5999 Misc. Retail Stores (not elsewhere classified)

§ Architectural supplies-retail

§ Art dealers-retail

§ Artificial flowers-retail

§ Artists' supply and material stores-retail

§ Auction rooms (general merchandise)-retail

§ Autograph and philatelist supply stores-retail

§ Awning shops-retail

§ Baby carriages-retail

§ Banner shops-retail

§ Binoculars-retail

§ Cake decorating supplies-retail

§ Candle shops-retail

§ Coin shops-retail, except mail-order

§ Cosmetics stores-retail

§ Electric razor shops-retail

§ Fireworks-retail

§ Flag shops-retail

§ Gem stones, rough-retail