CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: Z-2 Date: January 23, 2019 Subject: PD18-035 FAIR NANCY WOOD (2801 AND 2835 SOUTH BROADWAY AVENUE) Request that the City Council consider approving a zone change from R-MF, Multi-Family Residential District and R-1A, Single-Family Residential District to POD, Planned Office District with final site plan. Page: 1 of 4 Item Reference: The applicant is requesting the zone change to allow for the development of an office building on Lots 20 and 20A of NCB 830, two lots containing approximately 1.85 acres of land located northwest of the intersection of Alpine Drive and South Broadway Avenue (2801 and 2835 South Broadway Avenue). According to the Unified Development Code (UDC), the POD, Planned Office District will be used where office type facilities are needed to serve developing residential communities located throughout the city and shall be designed and developed as a unit according to an approved site plan. Development criteria are required that will ensure a compatible relationship between the POD development and the close-by residential areas. The owner shall submit a plan for the use and development of all or part of such tract of land to the Planning and Zoning Commission and to the City Council. Any significant change in the site development plan requires approval of the Planning and Zoning Commission and the City Council through a public hearing process. The plan for the proposed development must present a unified and organized arrangement of buildings and service facilities, such that a functional relationship within the property is achieved. The arrangement of buildings and service facilities shall not adversely affect the use of properties immediately adjacent to the development. Reasonable additional requirements as to landscaping, lighting, signs or other advertising devices, screening, access ways, building setbacks, and height and area limitations may be imposed by the Planning and Zoning Commission for the protection of the adjoining property. According to UDC Section 10-617, 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;
Agenda Number: Z-2 Page: 2 of 4 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. 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 property to the north is zoned RPO, Restricted Professional Office District and is developed with a medical office. The adjacent properties to the south, east and west are zoned R-1A, Single-Family Residential District. One lot to the east is undeveloped, and all other lots are developed with single-family homes. The site plan proposes a 5,000 square feet office building on the south side of the property. The proposed building setbacks are 10 feet in the front, 25 feet in the rear and six feet on the sides. The maximum building height will be 42 feet. The proposed standards are consistent with the RPO district. The site plan identifies a 20 feet wide bufferyard adjacent to the single-family zoning to the south and west. Parking and landscaping must comply with the UDC standards. Signage will be consistent with the allowances for the RPO district. The property fronts South Broadway Avenue, which the Master Street Plan designates as a minor arterial. Single-family lots are typically not compatible on these streets due to the high volume of traffic. Office zoning provides an appropriate transition between the commercial development on South Broadway and the residential development to the west. There is also a large brick wall surrounding the residential properties south of the lot that should mitigate any negative impacts from this development. In August 2016, the Planning and Zoning Commission considered a request to expand the RPO zoning on the property to the north of this lot, which was met with significant protest from the neighbors in the Azalea Historic District. The primary reasons for the opposition were related to
Agenda Number: Z-2 Page: 3 of 4 drainage issues and encroachment into the Azalea District. The request was ultimately denied. This property is not located within the Azalea District. The applicant has identified an intent to create a detention pond on the north and western portions of the property to address the drainage concerns. Drainage improvements must be designed and reviewed by engineers; thus it is important to note that the drainage improvements shown are for conceptual purposes and are not being reviewed or approved as part of this zoning site plan. This request is consistent with the Tyler 1 st Future Land Use Guide, which identifies this property as Neighborhood Commercial. On January 8, 2019, the Planning and Zoning Commission held a public hearing for this request. William Spencer spoke in favor of the request stating that his firm, MHS Planning & Design, was the intended purchaser of the site. He also stated that he was purchasing the single-family home to the west of this property and his intent was to rehabilitate the home and live there. There were multiple representatives from the surrounding neighborhood who spoke in favor and in opposition to the request. The concerns listed by the residents who spoke in opposition included potential noise from the development, loss of privacy, and concerns regarding the engineering design of drainage improvements. Noise: Office uses are considered compatible when abutting residential uses because offices are typically only open from 8:00 A.M. to 5:00 P.M. on Monday thru Friday. This reduces potential negative impacts from lights and sounds on evenings and weekends when residents are typically home. Privacy: The Belmead Addition is surrounded by a tall masonry wall and trees along South Broadway Avenue. The wall continues along the property line separating the Belmead Addition from this property, but decreases in height as it gets further from Broadway. The UDC requires offices provide a Type B bufferyard when adjacent to residential properties to provide screening. The site plan proposes a 20 feet wide bufferyard, which is the widest option for Type B bufferyards and is not required to have a wall component. Drainage: The concerns were raised about the applicant building in a floodplain, increasing stormwater runoff and redirecting the flow of water. All of these items are part of the engineering review, which is separate from zoning approval. As noted on the zoning site plan, the retention pond is shown for reference purposes only. Mr. Spencer did say that the pond was being engineered to reduce the impacts to downstream property owners. As of Friday, January 11, 2019, of the 12 notices mailed, one notice was returned in favor of the request and three were returned in opposition with a total protest calculation of 5.97 percent.
Agenda Number: Z-2 Page: 4 of 4 All other departments have reviewed the application and anticipate no significant impact on services and facilities by the proposed rezoning request. RECOMMENDATION: The Planning and Zoning Commission by a 5-0 vote recommends approval of the zone change from R-MF, Multi-Family Residential District and R-1A, Single-Family Residential District to POD, Planned Office District with final site plan. ATTACHMENTS: 1. Ordinance 2. Exhibit A : Site Plan 3. Exhibit B : Location Map 4. Exhibit C : Tyler 1 st Future Land Use Map 5. Exhibit D : Notification Map Drafted/Recommended By: Department Leader Heather Nick, AICP Managing Director Edited/Submitted By: City Manager
ORDINANCE NO. O-2019- AN ORDINANCE AMENDING THE CITY OF TYLER ZONING ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF TYLER, TEXAS; BY CHANGING THE ZONING FROM R-MF, MULTI-FAMILY RESIDENTIAL DISTRICT AND R-1A, SINGLE-FAMILY RESIDENTIAL DISTRICT TO POD, PLANNED OFFICE DISTRICT WITH FINAL SITE PLAN ON LOTS 20 AND 20A OF NCB 830, TWO LOTS CONTAINING APPROXIMATELY 1.85 ACRES OF LAND LOCATED NORTHWEST OF THE INTERSECTION OF ALPINE DRIVE AND SOUTH BROADWAY AVENUE (2801 AND 2835 SOUTH BROADWAY AVENUE; DIRECTING THE AMENDMENT OF THE ZONING MAP; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of Tyler, Texas, and the City Council of the City of Tyler, Texas, in compliance with the Charter and the State law with reference to the zoning ordinance of the City of Tyler, Texas, and zoning map, have given requisite notices by publication and otherwise and after holding a due hearing and affording a full and fair hearing to all the property owners, generally and to the persons interested, situated in the affected area and in the vicinity thereof, the City Council is of the opinion that the zoning change should be made as set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS: PART 1: That the following zone change is hereby approved as follows: I. APPLICATION PD18-035 That the following described property, which has heretofore been zoned R-MF, Multi-Family Residential District and R-1A, Single-Family Residential District shall hereafter bear the zoning classification of POD, Planned Office District with final site plan, to wit: Lots 20 and 20A of NCB 830, two lots containing approximately 1.85 acres of land located northwest of the intersection of Alpine Drive and South Broadway Avenue (2801 and 2835 South Broadway Avenue) and in accordance with Exhibit A attached hereto and incorporated herein. PART 2: That the City Manager is hereby ordered and directed to cause the zoning map to be amended to reflect the above described zoning. PART 3: Should any section, subsection, sentence, provision, clause or phrase be held to be invalid for any reason, such holding shall not render invalid any other section, subsection, sentence, provision, clause or phrase of this ordinance and same are deemed severable for this purpose. PART 4: That any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine as provided in Section 1-4 of the Tyler Code. Each day such violation shall continue, or be permitted to continue, shall be deemed a separate offense. Since this ordinance has a penalty for violation, it shall not become effective until after its publication in the
newspaper as provided by Section 85 of the Charter of the City of Tyler, Texas, which date is expected to be January 25, 2019. PASSED AND APPROVED this the 23 rd day of January A.D., 2019. MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS A T T E S T: APPROVED: CASSANDRA BRAGER, CITY CLERK DEBORAH G. PULLUM, CITY ATTORNEY
ORDINANCE O-2019 EXHIBIT A SITE PLAN
EXHIBIT B LOCATION MAP
EXHIBIT C TYLER 1 ST FUTURE LAND USE GUIDE
EXHIBIT D NOTIFICATION MAP