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2006-04-17 Planning and Zoning Commission JPH Agenda No. 2006-14Z AGENDA - JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, TO BE HELD APRIL 17, 2006, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER II. PURPOSE OF HEARING Zone Change No. 2006-14Z A request by Mike Pollak, owner, for an amendment to Ordinance No. 2000M, the Zoning Map of the City of Pearland, for approval of a change in zoning district from classification Single Family Residential— 1 District(R-1)to General Business Retail District (GB) and Townhouse Residential District (TH), on the following described property, to wit: Legal Description: 46.01 acres being out of Kanawha-Texas Company Subdivision of Sections 18 and 22 according to the plat thereof filed in Volume 2, Page 51, Brazoria County Plat Records, in the H. T. & B.R.R. Company Survey or George C. Smith Survey, Abstract 547, City of Pearland, Brazoria County, Texas General Location: Generally Located on the West Side of FM 1128 (Manvel Road), and Approximately 3,000 Feet South of Fite Road III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT B. APPLICANT PRESENTATION IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION VI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfing, City Secretary, at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. JOINT PUBLIC HEARING AGENDA ITEM MEETING OF APRIL 17, 2006 Zone Change No. 2006-14Z TO: City Council Planning and Zoning Commission SUBJECT: A request by Mike Pollak, owner, for an amendment to Ordinance No. 2000M, the Zoning Map of the City of Pearland, for approval of a change in zoning district from classification Single Family Residential— 1 District(R-1)to General Business Retail District (GB) and Townhouse Residential District (TH) LEGAL 46.01 acres being out of Kanawha-Texas Company Subdivision DESCRIPTION: of Sections 18 and 22 according to the plat thereof filed in Volume 2, Page 51, Brazoria County Plat Records, in the H. T. & B.R.R. Company Survey or George C. Smith Survey, Abstract 547, City of Pearland, Brazoria County, Texas GENERAL Generally Located on the West Side of FM 1128(Manvel Road), LOCATION: and Approximately 3,000 Feet South of Fite Road APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change application will be considered as follows: Planning and Zoning Commission: April 17, 2006* City Council for First Reading: May 8, 2006* City Council for Second Reading: May 22, 2006* (*dates subject to change if item is tabled) SUMMARY: The applicant is requesting a change in zoning on the subject property for a General Business Retail District(GB)and a Townhouse District(TH). The subject property is currently undeveloped. The subject property is currently zoned as R-1. The Master Thoroughfare Plan indicates that a secondary thoroughfare with 100 feet of right-of-way is scheduled to bisect the JPH 04-17-06 2006-14Z Page 1 subject property. This thoroughfare would be an extension of Southfork Drive from the west, and would eventually connect to Magnolia Street further to the east. The applicant has indicated that they plan to use the subject tract for a retail development as well as other general business district uses at the intersection of Manvel Road and Southfork Drive, and the western portions of the subject property for a townhome development. SURROUNDING ZONING AND LAND USES: * based on the new map adopted February 27, 2006 Zoning Land Use North Out of City Limits (Property is Single family residences/Mobile located within the City's ETJ) home residences/vacant lots South Out of City Limits (Property is Single family residences; located within the City's ETJ) Undeveloped tracts East Single Family Residential — 1 Undeveloped tract District (R-1) West Out of City Limits (Property is Single family residences within the located within the City's ETJ) Southwyck residential subdivision CONFORMANCE TO UNIFIED DEVELOPMENT CODE (UDC): The applicant is requesting a GB zoning district and a TH zoning district. The minimum lot size for the GB district is 22,500 square feet and the minimum lot width is 150 feet. The portion of the subject property that is requested for GB meets these requirements. The minimum lot size for the TH district is 3,000 square feet, and the minimum lot width and depth is 30 feet by 90 feet. The applicant will be required to comply with all other requirements of the Unified Development Code. PLATTING STATUS: Based on the legal description submitted with the zone change application, it appears that the subject property has not been platted. The developer or applicant will be responsible for the submittal of a plat and appropriate construction plans for the subject property, prior to issuance of any building permits. JPH 04-17-06 2006-14Z Page 2 CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004 update adopted on July 26, 2004) recommends three different land use categories for the subject property. A large portion of the subject property, generally the north and western portions, are designated for 'Low Density Residential." The Comprehensive Plan further indicates that the appropriate zoning districts for "Low Density Residential" are the Single Family Estate District(RE)and the Single Family Districts (SR-15), (SR-12), and the(R-1) districts. The Comprehensive Plan designates the southern portion of the subject property for "Medium Density Residential," and the Comprehensive Plan indicates that the appropriate zoning districts for "Medium Density Residential" are the Single Family Districts (R-2), (R- 3), and (R-4). The Comprehensive Plan also indicates that Townhomes are appropriate in the Medium Density Residential areas. The Comprehensive Plan recommends "Retail Node" uses for the portion of the subject property that is at the intersection of Manvel Road and future Southfork Drive. Retail nodes were discussed in the 1999 Comprehensive Plan. A retail node is an area of retail, office, and service uses at the intersection of two major thoroughfares, instead of continuous strips along the length of either thoroughfare. A retail node can prevent undeveloped properties along streets from developing as shallow depth lots, having numerous driveways that impair mobility, numerous small buildings with no architectural unity, and numerous signs. According to the Comprehensive Plan, a minor retail node should comprise less than 25 acres. CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on Manvel Road, a major thoroughfare with an ultimate right-of-way of 120 feet. Additional right-of-way may need to be dedicated for Manvel Road when the subject property is platted for development, if adequate right-of-way does not currently exist. The subject property will also be affected by Southfork Drive/Magnolia Street, a secondary thoroughfare with an ultimate right-of-way of 100 feet. It appears that the right-of-way for this roadway has been dedicated by a separate instrument. If that is not the case, the applicant would need to dedicate right-of-way as necessary for Southfork Drive. No other roadways affect the subject property. AVAILABILITY OF UTILITIES: There is currently no water service nor sanitary sewer service available for the subject property. Availability and adequacy of utilities will be reviewed during the review of any subdivision plat or building permit applications submitted for the subject property. JPH 04-17-06 2006-14Z Page 3 IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The subject property is currently zoned as R-1, and is surrounded on three sides, to the north, west, and east, by properties that are not within the city limits of the City of Pearland. These properties that are not within the City limits are either developed with single family residences or are undeveloped. The subject property was previously zoned as SD, but was changed to R-1 when the new zoning map was adopted on February 27, 2006. The subject property was zoned as R-1 due to the surrounding zoning districts, surrounding land uses, and the land use designation of low density residential on the Future Land Use Plan. Typically, due to these factors, Staff would recommend that the zoning remain as R-1. Retail Node However, Staff believes that the alignment and future construction of Southfork Drive through the subject property changes that character of the land, and that the R-1 may no longer be an appropriate or suitable zoning district for the subject property. When Southfork Drive is constructed through the subject property, the intersection of Southfork Drive (a secondary thoroughfare)and Manvel Road (a major thoroughfare)will be a major intersection. Therefore, Staff believes that the retail node as shown in the Comprehensive Plan is appropriate at this intersection. The applicant is requesting a General Business Retail District (GB) for this intersection. The Comprehensive Plan indicates that the appropriate zoning for a Retail Node is any Retail, Office, or Service use, which would fall under either General Business Retail District (GB), Neighborhood Service District (NS), or Office Professional District (OP). The applicant has requested the GB district, but Staff believes that the NS or OP district may be more appropriate, due to the adjacent and surrounding single family residential neighborhoods. Another retail node is designated for the intersection of Manvel Road and Bailey Road. The applicant is requesting approximately 18 acres for General Business District at this corner. Staff believes that 18 acres is in excess of what is defined for a Retail Node. The Retail Node, according to the Comprehensive Plan, should be divided between at least 3 corners of the intersection. With 18 acres of GB at this corner, the remaining corners may not be able to develop as retail or office. Another Retail node is designated for the intersection of Manvel Road and Bailey Road, which is located approximately 3,500 feet to the south of the subject property. Town homes The applicant is requesting the Townhome District (TH) for the remainder of the subject property, on both sides of Southfork Drive, for a total of 28.13 acres of townhomes. The Comprehensive Plan does designate a portion of the subject property for"Medium Density Residential" uses, and the Comprehensive Plan does indicate that "medium and higher JPH 04-17-06 2006-14Z Page 4 density residential is appropriate at or near the corner of a retail node." The townhouse district allows the following: • Minimum lot size of 3,000 square foot • Minimum lot width of 30 feet • Length of attached units: minumun length of 3 units not to exceed 200 feet in length or the width of 6 attached units, whichever is less • Minimum of 900 square feet of open space per dwelling unit, but a minimum area of 6,000 square feet • Average net density of 9.4 units per acre The applicant had also indicated that he may be interested in developing the townhomes as a cluster development. The purpose of a cluster development is to allow the use of density standards in substitution for minimum lot size standards. The average net density of dwelling units per acre permitted for a cluster development in the TH district is 9.4 units. A cluster development plan would be submitted to the Planning and Zoning Commission for consideration. A cluster development plan should not be considered as part of the zoning request. However, there is no guarantee that the applicant would develop as a cluster development, since the applicant is requesting a straight TH district. A Planned Development District (PD) would ensure the specific details of the development. The applicant chose not to request a PD district. Transitions As already indicated, the Comprehensive Plan designates a retail node with retail, office, and service uses at the intersection of Manvel Road and Southfork Drive. The Comprehensive Plan further states that medium and higher density residential is appropriate at or near the corner of a retail node. The retail node would be located at the corner, and transitions to the medium to higher density residential townhome units, which then transitions to the low density residential that is located to the north and west of the subject property. It appears that the land use designation on the Future Land Use Plan took into account the transition of land uses by designating the subject property for multiple uses. Staff believes that the alignment and future construction of Southfork Drive makes the proposed zone change appropriate. Southfork Drive is designated as a secondary thoroughfare that is proposed to extend from State Highway 288 through Silverlake, and will connect to State Highway 35, and will carry a significant amount of traffic. However, JPH 04-17-06 2006-14Z Page 5 Staff believes that 18 acres of GB is in excess, and that the a NS district may be more appropriate, with a reduced acreage. More intense GB uses are more appropriate at the intersection of two major thoroughfares, such as Broadway Street and Manvel Road,where there is already large tracts of land zoned for GB. Other UDC requirements The development of the subject property will be governed by the Corridor Overlay District (COD) ordinance, which is part of the UDC. Southfork Drive/Magnolia Street is one of the corridors specified in the ordinance. When the subject property is developed, the applicant will be required to comply with the requirements of the COD, which has specific requirements, such as an increased setback of 30 feet for subdivision fences or parking areas, increased landscaping requirements, specific building articulation and materials for commercial uses, as well as others. The UDC will also require and increased landscape buffer between residential and commercial uses. As mentioned previously, Staff believes that NS may be more appropriate at this intersection than GB. The main differences between GB and NS are generally in the uses allowed in each district, and outdoor activities. The NS district prohibits outdoor commercial activities. The GB district allows display and sale of merchandise outdoors, with limitations to where on site the display can occur. The main difference in the uses pertains to the automobile related service uses. For example, minor auto repair is permitted in GB by a Conditional Use Permit, and is prohibited in NS. The following uses are prohibited in NS: auto parts store, minor auto repair, auto sales, full service car wash, hotel or motel, animal hospital, and tavern. Restaurants require a Conditional Use Permit in NS, but are allowed in GB by right. Traffic Study If the zone change is approved, the applicant will be responsible for the submittal of a traffic impact analysis(TIA) in order to determine the impact of the proposed development on adjacent roadways and adjacent properties, as well as the locations of driveways, and any roadway improvements such as turn lanes, signalization, and other similar traffic related issues. The applicant will also be required to comply with the ordinance pertaining to driveway spacing. On future Southfork Drive, a secondary thoroughfare, the minimum driveway separation is 250 feet. On Manvel Road, the driveway separation is 350 feet. Requested Zoning The applicant has applied for GB and TH districts. The applicant has submitted a conceptual plan with the zone change application, but has shown a concept plan to Staff during other meetings, showing the arrangement of the site. Since the applicant has applied for straight zoning districts, the applicant cannot be held to conditions of approval JPH 04-17-06 2006-14Z Page 6 regarding the conceptual plan. The only way to hold the applicant to specific designs and arrangements is to zone the property to a Planned Development District (PD). PUBLIC COMMENTS: Public notice/comment forms were mailed to property owners within 200 feet of the subject property under consideration. A legal notice of public hearing was published in the local newspaper, and a Zoning Sign was placed on the subject property. STAFF RECOMMENDATION: Staff recommends approval of the zone change for TH and, instead of GB, recommends approval of the NS district, for the following reasons: 1. The alignment and future construction of Southfork Drive through the subject property changes the character of the land, making it suitable for a transition of uses, including retail, office, or service uses at the intersection, and medium to high density residential, transitioning to the existing R-1 districts in the area. 2. The proposed Townhome District conforms to the comprehensive plan statement that medium and higher density residential is appropriate at or near the corner of a retail node. 3. Instead of the requested GB district, Staff recommends a NS district in a reduced acreage from the proposed 18 acres of GB, based on the Comprehensive Plan, due to the surrounding residential uses, range of uses allowed in GB, and due to there being another retail node proposed approximately 3,000 feet to the south at the intersection of Bailey Road and Manvel Road. SUPPORTING DOCUMENTS: • Notice of Public Hearing • Zone Change Application • Location Map • Property Ownership Map • Property Owner Notification List • Zoning Map • Future Land Use Plan • Zoning Exhibit JPH 04-17-06 2006-14Z Page 7 CITY OF PEARLAND 3523 Liberty Drive (Community Center), Pearland, Texas 77581 281-652-1742 FAX 281-652-1702 www.cityofpearland.com ZONE CHANGE NO. 2006-014Z NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF i — PEARLAND, TEXAS, REGARDING: A request by Mike Pollak, owner, for an amendment to Ordinance No. 2000M, the Zoning Map of the City of Pearland, for approval of a change in zoning district from classification Single Family Residential — 1 District (R-1) to General Business Retail District (GB) and Townhouse Residential District (TH), on the following described property, to wit: 16. 46.01 acres being out of Kanawha-Texas Company Subdivision of Sections 18 and 22 according to the plat thereof filed in Volume 2, Page 51, Brazoria County Plat Records, in the H. T. & B.R.R. Company Survey or George C. Smith Survey, Abstract 547, City of Pearland, Brazoria County, Texas (Generally Located on the West Side of FM 1128 (Manvel Road), and Approximately 3,000 Feet South of Fite Road) PUBLIC HEARINGS WILL BE HELD IN THE COUNCIL CHAMBER OF CITY HALL LOCATED AT 3519 Liberty Drive, Pearland, Texas on 1111 MONDAY, APRIL 17, 2006, AT 6:30 P.M. Ana application and mapare enclosed for your information. This notice has pP been sent to all owners of real property within 200 feet of the request, as such ownership appears on the last approved city tax roll, in accordance with notification guidelines established by City Ordinance and State law. At said hearing, all interested parties shall have the right and opportunity 11. to appear and be heard on the subject. If you are unable to attend, but wish to have your opinions made a part of the public record, please complete the enclosed form and return it prior to the public hearing. If you have any questions or need additional information please contact the City of Pearland Planning Department at (281) 652-1742 or tgrahmann@ci.pearland.tx.us. ., City of Pearland 9' .,,�; . Community Development { APPLICATION FOR 3523 Liberty Drive � Fa- TT \ (Community Center) „ A CHANGE IN ZONING Pearland, Texas 77581 r; ft 281-652-1768 7 7.= 281-652-1702 fax www.cityofpearland.com Please check one: ,5. Pi-g 4 `j I1 r\-1/hange in Zoning Classification from: k- 7 PK- toei3 `' /0jr,`,,,, /v��6 �'`"s%�A (list current zoning) (list proposed zoning) n Specific Use Permit Request for : (list proposed use) Property Information: ,� / J OS� , 7-6o/ -vOZ Address: ` °� fir`v � /i a1 �✓jam Tax Account No. O 67 L"/7 -clog, -6°O Subdivision: Lot: Block: ** Attach a copy of the metes and bounds description, survey, or legal description** Current use of property (type of structures on property): / �4 Q Future/proposed use of property and reason for zone change: �0 S LUC i st''J Cis /4"D`'/' l/--La 7,,-) Pi a P L—i y PROPERTY OWNER INFORMATION: APPLICANT INFORMATION: INFORMATION: NAME NAME / '/ - P4-)L4- G''Z ADDRESS ADDRESS 77S-7 •5-""' -.L-sow ,i.2o/ CITY STATE ZIP CITY/-icuxs%'''-) STATE /s- ZIP 7704 3 PHONE( ) PHONE(773 ) -789-0-/ > FAX( ) FAX( 7/3 ) q/5 23&2 I E-MAIL ADDRESS E-MAIL ADDRESS /`i•PULL'°"< 5&-&Lo 304_,tili-7- PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to the best of my knowledge that this is a true description of the property upon which I have requested the above checked action. I understa d th t I am fully re onsible for the correctness of the legal description given. Owner's Signature: _ 1 ,o c):. Date: L 41/-6 Agent's Signature: Date: 2-21-o LP OFFICE USE ONLY: FPAID if 35© �'p DATE PAID: ,3/oZ 11012 BY: NUMBER: L NUMBERTION dQ©/ ` /!, ***APPLICATION IS CONSIDERED INCOMPLE WITHOUT A METES AND BOUNDS DESCRIPTION OR SURVEY AND THE APPLICATION FEE*** January 2006 Page 107 of 110 I I mil[ - 11 -- -- - 771 F------_ — --',`I i� -- } ' = i ' NEWPQRT LN rtH) j, { �_ �� }i I H - 1 1' �T_, �-_,\4 ,>;,.�� -' _ _� 1 a 1 FLINT CT g i__ .I 1 1 r- f rTi -, �- r L-TII:711° 4:11 ' 7 T J _ -h\�'>. `l l — it—_—t _ ---r1 } 1 I �_- �F�+ ) I i,'L a _ F--I 1 l PT = _ _Sr 1 T7 I_ I= _ , p h 1` 1 1 1 1 i' 1 -1 y , _ _J Ii ------, j . � 1 II R I 7 I r _ SUBJECT , I - M 13i�5�1� I r!-C -4?4 —r i--- 7 - U B CT _ _ - ( I l 1 I L -.I ' + I — PROPERTY _1 } 1 588r_______, ,L [ --7 I 7----- - ii i i I-1 '1, — T r : ( [ i_ J, I 1 aI I I 1 1 —; I I I 1 t L T ! — 1 i I 1 11 , .„, 0_;{, tiFi1 i �; r 1 ; 1 1 Tl L —�f - - p L -- -- ----- ---- - I1 f1 I _ __ _ I —�J ��_- L - t I y -- j L _ICh j r 4 - - I L r 1i 1 - T 1 T- , 1 71 IB i 1 ---_ — -- 1 I- 1 � it- ' FI � I � � -- .I LOCATION MAP N 0 500 1,000 Feet W�E I ' ' I Zone Change No. 2006-14Z S Map Prepared on March 27, 2006 ,i -LI---__ - - i - +- - Il -i IC i - - �- �__ = I 'F�1I J I r MI 1 r�L 1 ! � _,_ �_ ' - r :- -41 _-_,,,_ __, ,,_ _,.__ `r � f z Ip_ ! � IT , _ / - t -l i T, t � ,i , I , gill l ' i i___Li_i_,_ -_- 11 1 1 �ALL LOTS TO NORTH I rfT_, li ! 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