This item is a proposed amendment to the Telfair West Commercial District Planned Development (PD) District General Development Plan (GDP), to reduce setbacks along US 59 for the property identified as Tract C-3A and  located at the northwest corner of US Highway 59 (Southwest Freeway) and University Boulevard, and bordered at the north side by Cotesworth Avenue. The original GPD was approved by City Council on September 3, 2013 as Ordinance No. 1926. This PD amendment is specific to only 8.79-acres, which includes Tract C-3A (8.4-acres) and the retained TxDOT right-of-way (0.37-acres), out of the original 35.9-acre District. This PD amendment will not nullify the existing PD Ordinance 1926 for the remaining acreage outside of the 8.79-acre site.

The original GPD Ordinance of 35.9 acres was approved with 30.714 acres owned by NNP Telfair and 5.186 acres owned by the State of Texas. The existing PD details cover maximum height requirements, minimum setbacks, landscape and pedestrian requirements, freestanding sign regulations, building regulations, a basic use list along with detailed exhibits. Since the time of the adopted General Development Plan, there have been several changes and events including the completion and acceptance of the public streets Tarrington Avenue and Cotesworth Avenue and the adoption of two Final Development Plans (FDPs) known as Acura Sugar Land FDP (2016) and University Commons Phase II FDP (2017). The State of Texas modified its property boundaries within the past two years by selling the majority of the former state property to Newland. However, TxDOT retained additional property parallel to the US Highway 59 frontage road which was not originally anticipated, thus reducing the size of the Newland purchase. In addition, a pipeline originally located diagonally within Tract C-3A was relocated near the perimeter of the tract. The 30-foot pipeline easement now runs parallel to the south property boundary of Tract C-3A.

While there are overall regulations in the PD that have remained from the original Ordinance No. 1926, there are a number of regulations that have been modified to accommodate the new site layout plan for Tract C-3A.  The applicant, Newland Communities, has requested smaller setbacks for Tract C-3A, partially due to the new configuration of land owned by the State of Texas and the relocation of a gas pipeline easement along the southern boundary at US Highway 59.  The original PD required a 50-foot building and landscape/parking setback abutting U.S. Highway 59.  The proposed amendment would allow for a reduced setback at the property line abutting U.S Highway 59.  The applicant is proposing a 35-foot wide building and landscape/parking setback transitioning to a 50-foot setback at the adjacent Acura property site abutting U.S. Highway 59 to the west of this tract.  Tract C-3A is also proposed to be able to be split into two parcels, as shown on Exhibit B-2 General Site Layout.  The PD amendment also allows the opportunity to amend the provisions from the original PD to require one Final Development Plan for the full 8.79 acre area.

The proposed amendment shows a 30-foot pipeline easement within the 35-foot building and parking/landscape setback. The proposed 14-foot pedestrian easement required by the PD for a future 10-foot sidepath is within the 30-foot pipeline easement as well. The majority of the pipeline easement encompasses most of the 35-foot landscape buffer leaving a 5-foot landscape area for tree plantings. However, only shrubs will be permitted plantings within the pipeline easement per the pipeline company.

The Commission held a workshop on February 22, 2018 in regards to the proposed commercial PD amendment. The workshop allowed for the Commissioners to review a set of draft documents for the proposed GDP amendment, including exhibits, and pose questions to provide overall feedback to the applicant. Several key areas of feedback included discussion on the reduced landscape buffer along U.S. Highway 59 frontage due to the retained State of Texas Right-of-Way.  The Commission requested detailed landscape drawings of these areas showing the anticipated landscaping, including landscaping that the applicant was proposing to install within the actual TxDOT Right-of-Way as supplemental buffering.  Several other edits were suggested, including a further look at the permitted use list originally created by the larger 35.9 PD, as this amendment is only covering a smaller specific acreage. 

The applicant provided information to address the Commission’s questions and concerns from the workshop. Following the Commission and staff’s direction, the applicant provided correspondence from the pipeline company offering no objection to the future sidepath to be located in a dedicated easement within the 30-foot pipeline easement. The pedestrian easement will be obtained at platting. Furthermore, the applicant obtained permission from TxDOT to install landscaping within TxDOT’s right-of-way. Staff received correspondence from the applicant providing assurances regarding the landscaping within the TxDOT’s public right-of-away adjacent to Tract C-3A in addition to a supplemental drawing detailing the proposed landscaping continuing within TxDOT’s retained right-of-way as discussed and requested by the Commission.

The Commission held a public hearing on April 26, 2018 at which no members of the public spoke. The applicant responded to the Commission’s requests and the Commission believed that the amendment was improved from the workshop.  However, based on the discussion at the April 26, 2018 meeting, a decision was made by staff to have the applicant add in the acreage for the retained TxDOT Right-of-Way along the southern boundary of the PD so that provisions and exhibits could be placed within the PD Amendment to ensure landscaping requirements within that area supplement the proposed 35-foot buffer within the private property.  The applicant agreed to this provision, and subsequently revised the materials, which raised the level of assurances that are needed for a unified landscaping approach and better guidance for the future.

The Commission held a second public hearing, at which no members of the public spoke, at their consideration and action meeting on May 24, 2018. The Commission had minor clerical edits and suggested modifications to Exhibit B and the graphic exhibits during the consideration and action meeting. The applicant has provided information to address the Commission’s questions and concerns during their series of meetings. A more detailed description of the Commission discussions and the applicant’s responses are included in the attached staff report. The Commission unanimously recommended approval to the Mayor and City Council for the proposed PD Amendment.  Planning staff believes that the revisions found in proposed Ordinance No. 2135 are in alignment with the Commission recommendation of approval and staff supports a recommendation of approval to the Mayor and City Council.

CC: Peter Boecher, CRE, AICP, pboecher@rviplanning.com;

Alan F. Bauer abauer@newlandco.com

Planning Case No. 17-60000006