CITY OF TYLER PLANNING AND ZONING COMMISSION STAFF COMMENTS

Transcription

1 CITY OF TYLER PLANNING AND ZONING COMMISSION STAFF COMMENTS Date: September 4, 2018 Subject: PD ZB3 PROPERTIES, LLC (2469 EARL CAMPBELL PARKWAY) Request that the Planning and Zoning Commission consider recommending a zone change from M-1, Light Industrial District to PMXD-1, Planned Mixed-Use District-1 with a final site plan. Page: 1 of 3 Item Reference: The applicant is requesting the zone change to develop in order to develop a mix of residential, commercial and retail uses on Lot 13C of NCB 852-T, one lot totaling approximately 2.69 acres of land located east of the northeast intersection of Bennett Avenue and Earl Campbell Parkway (2469 Earl Campbell Parkway). According to the Unified Development Code (UDC), the PMXD-1, Planned Mixed Use District is primarily intended to implement the Tyler 1st Comprehensive Plan by promoting a mix of residential, retail, and services, office, institutional, park and government uses. The PMXD-1 district is intended for areas near key intersections of major arterial roadways, and other areas with access to a full range of public facilities and infrastructure. All developments created in a PMXD-1 district must be designed and developed in accordance with an approved site development plan or a written narrative detailing the development parameters with sufficient detail that it can be evaluated and submitted for approval to the Planning Commission and City Council. Where narrative is submitted and approved by the City Council, future site plans may be approved by staff when they are consistent with the standards included in the narrative. According to UDC Section , the City Council will consider the following approval criteria for zoning changes: a. The application is complete and the information contained within the application is sufficient and correct enough to allow adequate review and final action; b. The zoning change is consistent with the Tyler 1st Comprehensive Plan; c. The zoning change promotes the health, safety, or general welfare of the city and the safe, orderly, and healthful development of the city; d. The zoning change is compatible with the present zoning and/or conforming uses of nearby property and with the character of the neighborhood; and e. The property to be rezoned is suitable for uses permitted by the District that would be applied by the proposed amendment.

2 Case Number: PD ZB3 PROPERTIES, LLC Page: 2 of 3 In addition to the zoning change criteria above, the City Council will consider the following specific objectives and criteria for approving any type of planned district currently permitted in this code: a. A variety of housing types, employment opportunities, or commercial services to achieve a balanced community; b. An orderly and creative arrangement of all land uses with respect to each other and to the entire community; c. A planned and integrated comprehensive transportation system providing for a separation of pedestrian and vehicular traffic, to include facilities such as roadways, bicycle ways and pedestrian walkways; d. The provisions of cultural or recreational facilities for all segments of the community; e. The location of general building envelopes to take maximum advantage of the natural and manmade environment; and f. The staging of development in a manner which can be accommodated by the timely provision of public utilities, facilities, and services. The adjacent properties to the north and west are zoned M-2, General Industrial District and M-1, Light Industrial District and are the location of a concrete manufacturing facility and undeveloped land. The adjacent properties to the east are zoned M-1, Light Industrial District and are the location of True Vine Brewing/Sola Bread Company and undeveloped land. The adjacent properties to the south are zoned C-1, Light Commercial District and consists of undeveloped land. The Tyler 1st Future Land Use Guide (FLUG) identifies this property as Business/Office Park. This request would amend the FLUG to Mixed-Use Center. The PMXD-1 zoning designation enables the ability for site design elements to be approved that provide a sensitive transition between commercial and residential land uses. The current proposal for the development consist of two two-story, mixed-use buildings consisting of light commercial, retail and residential uses and two single-story building for light commercial and retail uses. The two proposed buildings with residential uses consist of true mixed-uses with a mix of commercial and retail on the first floor and residential uses on the second floor. Each floor of the proposed buildings are approximately 3,500 square feet in floor area and there are four residential units proposed in each of the two proposed mixed-use buildings. The subject property is located within the Tyler Industrial Pak which is generally bound by Earl Campbell Parkway to the south, a St. Louis Railroad line to the east, Shaw Street to the north, and Loop 323 to the east. A majority of the properties in the immediate area of the subject property are zoned M-1 or M-2. However, a majority of these properties are currently occupied by a use that would be more in line with a C-1 or C-2 zoning district designation. As of Friday, August 31, 2018, of the four notices mailed, no notices were returned in favor and three notices were returned in opposition with a total protest calculation of percent. As the protest exceeds 20 percent, a favorable vote of three-fourths of the City Council will be required to approve this request. The opposition cited concerns about residential uses in close proximity

3 Case Number: PD ZB3 PROPERTIES, LLC Page: 3 of 3 to industrial zoned properties and potential noise complaints from the future residents due to current operations. Three of the four properties within the 200 foot notification boundary filed protest and cited concerns about residential uses being surrounded by industrial zoned properties and concerns over potential noise complaints from the future residents. From a 2018 aerial photograph, it appears that the closest industrial type operation on an adjacent property is at the Contractor Supplies, Inc. property, addressed as 1601 and 1607 John Carney Drive, which is located approximately 240 feet to the north. The remaining adjacent properties consist of undeveloped land with the exception of True Vine Brewing and Sola Bread which are under the same ownership as the subject property. Hiland Dairy has an M-1 zoning designations and is directly adjacent to a developed residential area. Staff contacted the Tyler Police Department (Tyler PD) regarding noise complaints in the immediate area of Hiland Dairy (200 North Fuller). From 2014 to 2018, 13 noise complaints were reported in the immediate area of Hiland Dairy but none were reported on Hiland Dairy (200 North Fuller). According to the Tyler PD, most of these calls appear to be music disturbances from other residential addresses and not related to the operations at Hiland Dairy. Staff also reached out to the Tyler PD regarding complaints at the concrete manufacturing plant addressed as 5509 Old Jacksonville Highway. Tyler PD only had records of one call regarding operations at this facility. In 2017, the City of Tyler passed a noise ordinance which requires all zoning districts comply with the established noise limits. The noise limits are as follows: 75 db (A) from 7:00 a.m. to 10:00 p.m., and extended to 11:00 p.m. on Fridays and Saturdays. 63 db (A) from 10:01 p.m. to 6:59 a.m., and extended to 11:01 p.m. to 6:59 a.m. on Fridays and Saturdays. All other departments have reviewed the application and anticipate no significant impact on services or facilities by the proposed rezoning request. RECOMMENDATION: Staff recommends tabling the request for 60-days to allow the applicant to address the protester concerns. ATTACHMENTS: 1. Site Photos 2. Exhibit A : Final Site Plan 3. Exhibit B : Location Map 4. Exhibit C : Tyler 1 st Future Land Use Map 5. Exhibit D : Notification Map

4 SITE PHOTOS Image of subject property. View north. View south of south adjacent property and Earl Campbell Parkway. Image of concrete plant on the north adjacent property. View north. Image of Atwood s distribution facility. View north.

5 EXHIBIT A FINAL SITE PLAN

6 EXHIBIT B LOCATION MAP

7 EXHIBIT C TYLER 1 ST FUTURE LAND USE GUIDE

8 EXHIBIT D NOTIFICATION MAP