JOINT PUBLIC HEARING the CITY COUNCIL CITY and the PLANNING and ZONING COMMISSION of the CITY of PEARLAND, TEXAS, MONDAY, September 26, 2016, at 6:30 P.M
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JOINT PUBLIC HEARING THE CITY COUNCIL CITY AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, September 26, 2016, AT 6:30 P.M. COUNCIL CHAMBERS - CITY HALL-3519 LIBERTY DRIVE I. CALL TO ORDER II. PURPOSE OF HEARING Zone Change Application No. ZONE 16-00011 A request of Alan Mueller, applicant, on behalf of Peyton Martin, New Broadway, LTD, owner; for approval of an amendment to the Pearland Town Center Planned Development; on approximately 15.716 acres of land. Legal Description: Being a 15.716 acre tract of land located in the H.T. & B.R.R. Company Survey, Section 81, Abstract Number 300, City of Pearland, Brazoria County, Texas, being a portion of Lot 5, Book 1 as shown on the Kirby Crossing Section Two, a subdivision of record under Plat Number 2013045429, Plat Records of said Brazoria County (B.C.P.R.). General Location: West side of Kirby, north of the fire station. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT B. APPLICANT PRESENTATION C. STAFF WRAP UP 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. Page 1 of 1 – 09/26/2016 Staff Report To: City Council and Planning and Zoning Commission From: Planning Department Date: September 26, 2016 Re: Zone Change Application No. ZONE 16-00011 A request of Alan Mueller, applicant, on behalf of Peyton Martin, New Broadway, LTD, owner; for approval of an amendment to the Pearland Town Center Planned Development; on approximately 15.716 acres of land. General Location: West side of Kirby, north of the fire station. Summary of Request The Pearland Town Center Planned Unit Development (PUD) was originally approved in October, 2005 and has subsequently been amended. The applicant is proposing an amendment to set out use restrictions and design guidelines for the remaining undeveloped “Western Tracts” E and G located west of Kirby Drive not owned by CBL & Associates, Inc. who developed and owns the Pearland Town Center. While the CBL portion of the development has a very specific site plan these two tracts do not have an approved site plan as part of the PUD. Specifically, the amendment proposes the following changes: Delete the Townhome component and replace it with multifamily residential. Increase the number of Multi-Family units allowed from 300 to 600. Establish an amenities and open space plan for a portion of Tracts E and G that was not previously addressed in the PD. The amendment will affect the undeveloped portions of Tract E (13.7 acres) and Tract G (2.3 acres) as defined in the PD. Tract G was created in 2006 through a PD amendment and contains an Aldi supermarket, dialysis center, automotive repair facility, and Wendy’s/gas station/convenience store. Total acreage included in Tract E was 18.2, and Tract G was 8.5. See page from previous PD amendment in exhibit 7. The Pearland Town Center PD encompassed a total of 173.2 acres. The proposed development will include a four story, 300 multi-family residential units, and a minimum of three ground floor “live/work units”, with a structured parking garage. A “park” will be provided within the 9-foot deep detention area, surrounded by 9’ tall retaining walls, see proposed section in exhibit 8. 1 | P a g e Recommendation Based on submission of August 23, 2016, staff cannot recommend approval of this amendment to the Pearland Town Center PD zoning district on the approximately 15.716 acre site: 1. Number of Multifamily units: Pearland Town Center PD had a cap of a maximum 300 units on all tracts within the Town Center development, including this Tract E. This amendment will increase the total number of multifamily units to 600. The current allowed townhouse use represented a diversity in housing options within the Town Center development and is the desired development for this tract of land. The proposed amendment, with single use multifamily development, as proposed, would not be in conformance with the Comprehensive Plan that recommends that further multi-family residential should occur only in a mixed use setting. This proposed amendment provides for three ground level “live/work units” and no other additional uses besides the multifamily. 2. Density: The original Pearland Town Center development allowed 9.4 townhouse units per gross acre on Tract E (area under consideration). This amendment proposes a change in use and density to and will permit apartments with an allowed density of 44.78 units per acre. The maximum density for single use in the Multi Family zoning district is 16 units/acre, as per the UDC. 3. Mixed use: This amendment for multi-family use pertains only to a 6.7 acre portion of the 15.7 acre combination of Tract E (13.7 acre) and Tract G (2.3 acre). The proposal does not represent a comprehensive mixed use, well connected, addition to the surrounding developments. The Town Center concept was approved as a cohesive unit. While this site is located across from the main portion of the Town Center by a secondary thoroughfare, it provides no commitment to any development around the proposed multifamily or connection to the Town Center or existing developments fronting on Broadway Street. 4. Detention Pond/”Park” Amenity: This amendment proposes to allow the main amenity of the site to be a 2.76 acre excavated detention pond that will also serve as the “park”. The concept plan, see Exhibit 8, shows a nine foot tall masonry retention wall with a four foot tubular steel fence on top of the wall located on the property line. The detention pond is proposed to also be a “park” that is located nine feet below ground level in the bottom of the pond. The park is not integrated with the development. This “park” will act as the detention for the entire 15.7 acre site included in this amendment and approximately six (6) acres of land along Broadway (portion of Tract G) that is currently developed, and will be an unusable feature after rain events. The entire detention area provided little elevation change and is primarily flat. 5. Parking: A reduction in required parking from 501 to 476 is proposed, with limited shared parking options. 6. UDC Conformance: The variance proposed for reductions in density, common open space, and parking, are not in conformance with the Unified Development Code. These variances would be more appropriate for a true mixed use, creative development that would not be possible by the use of conventional zoning 2 | P a g e districts. The proposed development can be achieved by application of MF zone with variances. Additional staff comments have been conveyed to the applicant. The applicant has submitted a revised proposal on September 16, 2016, that has not been reviewed by staff. Site History The subject property is currently undeveloped. The subject property (15.7 acres) is part of a larger Planned Development which is currently developed with a mix of uses including residential, commercial, including retail, office, and restaurants, originally approved in October, 2005. A previous workshop was conducted in 2013 for additional multifamily units within the CBL portion of the PD. There was no further activity from that applicant after the workshop. The site is surrounded by a mix of various uses, including retail to the north, mixed use retail to the east, a fire station to the south, and a high school to the west. The below table identifies surrounding uses and zoning districts: Zoning Land Use North Pearland Town Center Planned Unit Grocery Store, Fast Food, Gas Development (PUD) Station Single-Family Estate District (RE) / South General Business (GB) / Water Tower, Fire Station Planned Unit Development (PUD) East Pearland Town Center Planned Unit Pearland Town Center, Mixed Development (PUD) Use Ridgerock Planned Unit Development West (PUD) High School Conformance with the Comprehensive Plan The subject property is located within the Public/Semi-Public Future Land use Designation which is characterized by Public and semi-public sites and facilities, including schools, government buildings, and cemeteries. Portions of the subject property are also located within a Major Retail Node. The FLUP recommends neighborhood retail and service uses should be located at intersections of thoroughfares or collector streets or at the edge of logical neighborhood areas unless appropriately placed within a planned development. The FLUP also recommends that retail development should be clustered throughout the city and convenient to residential areas. The Pearland Town Center PUD generally meets the intent of all future land use designations in which it is located. This portion of the PUD within the Public/Semi-Public Land Use is not necessarily in line with public uses, however, the Plan recognizes that developments, such as PUDs/PDs which may be contrary to the Plan could be an improvement that exceeds recommendations of the Plan. 3 | P a g e The Comprehensive Plan also indicates that further multi-family residential should occur only in a mixed use setting. The proposed amendment, with single use multifamily development, as proposed, would not be in conformance with the Comprehensive Plan. Conformance with the Thoroughfare Plan Kirby Drive is a Secondary Thoroughfare with a minimum right-of-way of 100 feet and has been built as such. Kirby Drive is in the Corridor Overlay District which allows the city to exercise greater control over aesthetic, functional, and safety characteristics of development along Major Thoroughfares where higher development standards can enhance the City’s image as a desirable place to live, work, and shop.