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Planning & Zoning Commission |
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Agenda Request |
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Agenda Of: |
08/12/08 |
Agenda Request No: |
IV B |
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Initiated By: |
senior planner |
Responsible Department: |
planning |
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Presented By: |
ruth lohmer, aicp, senior planner |
Assistant planning director: |
douglas p. schomburg aicp |
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Additional approval: |
n/a |
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Subject / Proceeding: |
rezone 10.119 acres at the northwest corner of university
boulevard and telfair avenue in telfair from Interim R-1 to planned
development (pd) district public hearing, discussion and direction |
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Exhibits: |
staff report, vicinity map, aerial, site photos, general plan, proposed
final development plan, application, public hearing notice |
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Clearances |
Approval |
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Legal: |
n/a |
director of Planning: |
sabine somers-kuenzel aicp |
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Recommended Action |
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Public Hearing followed by Discussion and Direction from
the Commission. |
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Executive Summary |
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This item is for the proposed permanent
zoning of approximately 10.119 acres of land which will be The Exchange at
Telfair, and is located at the northwest corner of the intersection of
University Blvd. and Telfair Ave. The
requested zoning for the property is Planned Development (PD) District, which
is proposed to contain a bank and three office/retail buildings. 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 is currently undeveloped and
vacant. The proposed PD zoning is in conformance with the revised General
Plan for Telfair as approved by City Council on December 19, 2006. This item
is for the Public Hearing; consideration and action will be held at a
subsequent Commission meeting. File No. 10052 Cc: Scott Hunter, shunter@ljaengineering.com Blake Tartt, btartt@newregionalplanning.com |
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Exhibits |
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Staff Report:
Planned Development (PD) District Intent and
Minimum Size:
Sec.
2-172. Intent.
“The
planned development district allows for a development containing uses or a
combination of uses in a design that would not otherwise comply with the
regulations of the primary zoning districts, but does provide an overall
design, increased Open Space, or other features or amenities that results in a
superior development or offer special benefits to the community. A planned
development district may not be used for the primary purpose of avoiding the
zoning regulations applicable to the primary zoning districts.”
The applicant has indicated that the project will result in a unique
design featuring significant green space, streetscape, more restrictive
setbacks and a mix of offices and services.
There is not a large scale retail option. The applicant will have additional
opportunities to discuss special benefits to the community at the public
hearings.
Sec.
2-173. Minimum Size.
“A
district containing only Residential Uses will not be created unless it
contains at least 10 acres. A district containing both Residential and
Nonresidential Uses will not be created unless it contains at least 25 acres of
land. The Commission may recommend approval of and the Council may approve a
district with less land than specified in this section, if the developer
clearly demonstrates that a smaller district would achieve the intent of the
district.”
Commercial-use Planned
Development (PD) Districts without a residential component do not have a
minimum size requirement. Therefore,
this PD may not be recommended for denial on that basis.
Comprehensive/Land
Use Plan Application:
The Telfair
General Plan Amendment No. 3 (approved December 19, 2006) indicates that The Exchange
at Telfair property would be a part of an area which was intended to be a mixed
commercial and retail uses within a PD District. Special concern was voiced by the Planning
and Zoning Commission during workshop review on October 26, 2006 regarding the
need for careful buffering of commercial adjacent to the residential areas of
Telfair (now platted Telfair Section 7 and 8) The proposal for The Exchange at Telfair
PD appears to be in character with the intent of the General Plan.
GENERAL SITE INFORMATION:
Compliance
with Comprehensive Plan
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This proposal is not in conflict with the
Comprehensive Plan. |
Compliance
with General Plan
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Telfair General Plan Amend. No. 3 indicates PD for
this section. |
Subject
Property
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Interim Standard Single Family Residential (R-1) |
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Surrounding
Zoning |
North: Detention/lake and Telfair
Central PD District South:
Interim Standard Single-Family Residential (R-1) East: Interim Standard Single-Family Residential
(R-1) West:
Zero Lot Line Residential (R-1Z
) and Standard Single-Family Residential (R-1) |
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Surrounding Land Use |
North: Detention
Reservoir and Telfair Central (museum site) South: Undeveloped East: Undeveloped West: Undeveloped residential lots (Telfair Sec.
8) and Developing residential lots (Telfair Sec. 7) |
PRELIMINARY INFORMATION:
The proposed
Planned Development (PD) District will contain a total of 10.119 acres. The district is proposed to be created
through a one-step PD process, which will consist of a Final Development Plan
to permanently zone the property from Interim R-1 to PD District. The proposed Final Development Plan
(attached), which will become the PD Ordinance, consists of several elements
and exhibits including:
·
Legal
Description
·
Allowed
Land Use Table (SIC Code based)
·
Special
zoning conditions (as appropriate)
·
Bulk and
landscape standards for development
Proposed Land Uses:
The proposed use list was modeled after the uses allowed in the
Neighborhood Business (B-1) zoning district. Several uses that would normally
require a CUP in the B-1 would be allowed with other provisions, and some uses
that are not allowed at all in the B-1 have been included because this site may
be suitable for those uses.
A number of the proposed uses would require a conditional use permit to
be located in the B-1 District, for example, Furniture and Home Furnishing
Stores (SIC 5712-5719) and Household Appliance Stores (SIC 5722). The CUP
requirement is primarily to limit the impact of such large retail businesses on
the area. In order to ensure a minimal impact, a maximum of 20,000 square-feet
of retail per building is proposed.
There are also several uses that are not allowed in the B-1 District,
but staff believes that the uses could be appropriate at this location. For
example, Credit Unions (SIC 6061-6062), Non-depository Credit Institutions (SIC
Group 61) and Insurance Carriers (SIC Group 63) would not be allowed in B-1.
Business Services, NEC (SIC 7389) as well as Miscellaneous Repair Shops (SIC 7699)
have been limited to specific uses (without listing the entire classification).
Dance Studios and Schools, except dance halls (SIC 7911) and Amusement and
Recreation Services (SIC 7999), as well as School and Education Services NEC
(SIC 8299) and Child Day Care Services (SIC 8351) have been limited to 10,000
square feet to minimize the impact uses of such intensity may have on the area.
Traffic and Circulation:
The applicant has submitted a Traffic Impact Analysis which is
currently being reviewed by the City’s Engineering Department. At this time,
the City has identified several issues that are being worked out with the
developer. The City has requested, and the developer has verbally agreed, that
the southernmost driveway on University Blvd be right-in only. This will
prevent patrons from leaving the development through this driveway, and
attempting to cross the southbound traffic lanes on University Blvd to make a
left turn onto Telfair Ave. Staff has also determined that a left turn lane
will be required in the median of University Blvd for the northernmost driveway
into the development; a right turn lane may also be required for this driveway.
The applicant has requested a median
opening on Telfair Ave to line up with their driveway. This request is being
considered by staff as part of the TIA review, but does not appear to pose any
problems at this time. There are a few additional minor issues that are being
discussed with the developer. All TIA issues will be resolved prior to
Commission consideration and action on the PD District.
Special Conditions:
With site proximity to residential, the applicant has proposed to
provide additional buffering to minimize the impact of the commercial
development on the adjacent neighborhood. Rather than providing the minimum six-foot
landscaped buffer, a 15-foot landscaped area is provided. This landscaped area
will, at a minimum, include four-inch caliper trees that are a minimum of ten
feet in height at planting and will be an average of 20-foot on center. Following discussions with staff, the bank
drive-thru has been re-oriented in order to minimize noise trespass to the
residential area. Additional landscaping
will be provided between the bank and the driveway at the rear of the property.
The applicant has also proposed to provide additional acoustic treatment of the
soffits over the bank drive-thru to maximize noise absorption.
The applicant has included pedestrian accessways to provide pedestrian
connectivity within the development and to the surrounding area. There will be
pedestrian connections between each of the four buildings that connect to the
perimeter sidewalks. In addition, access will be provided to the adjacent lake
trail system to the north of the PD district.
COMPARISION OF PD
DISTRICT AND B-1 DISTRICT REQUIREMENTS:
In terms of Land
Development regulations, the Exchange at Telfair PD has uses that mirror the
majority of the B-1 District, with the allowance of some additional aspects of
B-2. Key provisions below allow
comparisons to be made in definitions, bulk standards, and special conditions:
Building
Setbacks:
PD District-
Telfair Avenue: 40 feet
University Boulevard: 40 feet
Residential Development: 50 feet
All Other: 10
feet
B-1 District-
Telfair Avenue: 40
feet
University Boulevard: 40 feet
Residential Development: 25 feet
All Other: 10
feet
Parking
Setbacks:
PD District-
Telfair Avenue: 25 feet
University Boulevard: 25 feet
Residential Development: 15 feet
All Other: 6
feet
B-1 District-
Telfair Avenue: 15
feet
University Boulevard: 15 feet
Residential Development: 6 feet
All Other: 6
feet
Maximum
Height:
PD District-
Maximum height of 2 ½ stories, not more than 35 feet
(exclusive of parapet walls).
B-1 District-
Maximum height of 2 ½ stories, not more than 35 feet
(exclusive of parapet walls), meet bulk plane maximum.
Building
Finish Standards:
PD District-
75 percent of the exterior finish would be of primary
finish and there is a reference to Chapter 2, Article 10 of the Sugar Land
Development Code. This is slightly more
restrictive than the Building Finish regulations of the B-1 and B-2 districts,
which require primary finishes of 70 percent.
A primary finish in the B-1 district includes masonry, glass wall,
cementatious stucco, or a combination thereof.
The proposed finishes would be less restrictive than
the B-O district in terms of percentage primary finished (85% in the B-O) and
in terms of the stucco allowance. The
B-O does not permit the stucco as a primary finish.
The Commission may consider whether stucco should be
considered a primary finish or should be restricted to being used as a
secondary finish (maximum of 25% per wall) in this PD district.
Landscaping
and Buffering:
PD District-
Telfair Avenue: 25 feet
University
Boulevard 40 feet
Residential
Development: 15
feet
All Other: 6
feet
B-1 District-
Telfair Avenue: 15 feet
University
Boulevard 15 feet
Residential
Development: 6
feet
All Other: 6
feet
Open Space
for PD:
PD District-
Definition of
“open space” that does not allow parking lots or other impermeable surfaces to
count, and requires an overall 20% minimum for the acreage. This type of open space is where open space
is essentially “green space” in a development.
B-1 District-
Development Code
defines open space any area not covered by building footprint. Impermeable surfaces count, and B-1 requires 20%
of each lot to be clear of building footprints.
Outside
Display / Storage of Merchandise:
PD District-
Prohibits outside
display or storage of merchandise.
B-1 District-
Prohibits outside
display or storage of merchandise.
Paving
Requirements:
PD District-
Parking lots, driveways, and vehicle use areas shall
be constructed of concrete or interlocking pavers.
B-1 District-
Parking lots, driveways, and vehicle use areas shall
be constructed of either concrete or asphalt.
PUBLIC HEARING:
The Notice of
Public Hearing was published in a newspaper of general circulation, all
property owners within 200 feet of the proposed site were notified, and the
public hearing notice was published on the City of Sugar Land’s Internet Home
Page. Staff has received four informational
inquires regarding this request at the time of writing this report. At
present, staff is not aware of any opposition to the proposed rezoning to
Planned Development (PD).
KEY POINTS FOR CONSIDERATION:
The following is
provided for Commission consideration:
·
The
request is not in conflict with PD District size criteria under Chapter 2, Art.
II of the Development and appears to meet the intent of the PD district
·
Telfair
General Plan provides for PD District zoning for this site.
·
Landscaping
and bulk regulations meet or exceed B-1 District requirements, and definition
of open space as excluding parking lots is more restrictive than current
Development Code
·
PD
process will provide certainty for site layout of commercial and buffering
·
Additional
buffering has been provided between the commercial site and the adjacent
residential neighborhood to minimize negative impacts
Vicinity Map:
Aerial:
Photos of Site:
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View looking South across Property:
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View looking North across Property:
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View of Water (North):
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View Across University Blvd (East):
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View of Adjacent Homes (West):
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View of Brick Wall and Fence:
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Approved Telfair General Plan (Amendment No. 3, Approved
December 19, 2006):
FINAL DEVELOPMENT PLAN (PROPOSED)
(The Exchange at Telfair)
A. Contents. This final development plan contains the following parts:
- Contents
- General Provisions
- Land Uses
- Development Regulations
- Building Regulations
- Landscape Regulations
- 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-1 (Neighborhood Business) zoning district is not contained in this ordinance, all the regulations contained in the Development Code applicable to the B-1 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 for herein, the words used in this final development plan
have the meaning established by the Development Code. In this ordinance:
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.
Bank
means free standing financial institution with drive through capability.
Retail/Office means general retail in conjunction with a mixed use concept which supports commercial uses and neighborhood services.
C. Land Uses.
1. Permitted land uses for all parcels are listed in Exhibit B-2. all other land uses are prohibited in these parcels.
2. One bank and three general office/medical/retail buildings may be built in the PD.
D. Development Regulations.
1. Maximum height of structures: 2 ½ stories, but not more than 35 feet, exclusive of parapet walls.
2. Minimum Building Setbacks:
(a) Abutting Telfair Avenue: 40 feet
(b) Abutting University Boulevard: 40 feet
(c) Abutting Residential Development: 50 feet
(d) All other: 10 feet
3. Minimum Parking Lot Setbacks:
(a) Telfair Avenue: 25 feet
(b) University Boulevard lot lines: 25 feet
(c) Abutting Residential: 15 feet
(d) Interior Lot Lines 6 feet
(e)
All others: 6
feet
(with the exception of the north property
line 1 foot)
4. Paving:
(a) All parking lots, driveways, and vehicle use areas must be constructed of concrete.
(b) All driveways within individual building parcels must be paved with a concrete surface or interlocking pavers (installed on a concrete sealed slab).
(c) Decorative paving must be used at each entry off a collector.
(d) Paving must be integrally colored.
E. Building Regulations.
Building Finish Standards:
Seventy-five percent of the exterior finish must be of a primary finish, per Chapter 2, Article 10 of the Sugar Land Development Code.
F. Landscape &
Pedestrian Circulation Regulations.
1. Minimum landscape buffers, continuous along:
(a) Telfair Avenue: 25 feet
(b) University Boulevard: 40 feet
(c) Residential Development: 15 feet
(d) All other: 6 feet
2. Minimum Open Space: 20%
3. Residential Buffer Trees and Hedges:
(a) Must be planted on a twenty-foot on center average.
(b) Must have a minimum caliper of 4” and minimum 10’ in height as measured at ground level when planted.
(c) In addition to Development Code requirements, hedges will be provided along the parking on the north property line.
4. Sidewalks:
(a) Continuous striped crosswalks are required between the bank and the general office/medical/retail buildings.
(b) Internal sidewalks must connect to the existing sidewalks within the right-of-way.
5. Driveways:
(a) Access to the lift station will be provided through the westerly driveway on Telfair Avenue.
6. Landscape & Pedestrian Circulation Plan
G. Additional Regulations:
1. Outside display of merchandise is not permitted.
2. No drive-thrus with the exception of the bank site
3. Drive-thru must provide soundproofing mitigation
§ Additional landscape buffer adjacent to bank drive-thru
§ Acoustic treatment at drive-thru soffit
