CITY OF TYLER PLANNING AND ZONING COMMISSION STAFF COMMENTS Date: May 1, 2018 Subject: Z18-009 BELLWOOD LAKE & LOOP 323 LLLP (178.05 ACRE TRACT) Request that the Planning and Zoning Commission consider approving a zone change from PCD, Planned Commercial Development District to PMXD-2, Planned Mixed Use District with site narrative. Page: 1 of 6 Item Reference: The applicant is requesting the zone change in order to allow for the development of highdensity, mixed-use, mid-rise towers on a tract of land containing approximately 178.05 acres of land located west of the northwest intersection of South southwest Loop 323 and Earl Campbell Parkway. According to the Unified Development Code (UDC), the PMXD-2, Planned Mixed Use District is primarily intended to implement the Tyler 1st Comprehensive Plan by accommodating a combination of high-density office, institutional, retail and service, and residential uses that function as a center of economic activity for residents of Tyler, Smith County, and the East Texas region. All developments created in a PMXD-2 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. The adjacent properties to the north are zoned R-1A, Single-Family Residential District and PCD, Planned Commercial Development District and is generally undeveloped with one of the properties zoned R-1A being developed with a single-family home on a large lot. The adjacent properties to the west are zoned PCD, Planned Commercial District, PMXD-2, Planned Mixed Use District, and OSP, Open Space and Parkland District and are undeveloped. The PMXD-2 area was zoned in 2008 to plan for a hotel convention center. The properties to the south are zoned INT, Institutional District and C-2, General Commercial District and are developed with All Saints Episcopal School and Sam s Club, respectively. The adjacent property to the east is zoned PCD, Planned Commercial Development District and undeveloped. The Tyler 1st Future Land Use Guide (FLUG) identifies this property as Mixed-Use Center. This request would amend the FLUG to High Density Mixed-Use Center. The PMXD-2, Planned Mixed Use District was established as a planning tool for high-density, mixed-use developments
at key locations in Tyler. These areas are identified in the Tyler 1 st Comprehensive Plan as the Downtown Planning Area, South Broadway and Loop 323, and Gentry Parkway and Loop 323. These areas were targeted for their suitability for high-density growth and would become future transit hubs and serve regional markets due to their proximities to intersections major arterial streets. The 2005 and 2012 Master Street Plans show the continuation of Earl Campbell Parkway through the subject property to intersect with Chandler Highway (State Highway 31 West) in the future. Earl Campbell Parkway is designated as a minor arterial street for its entire length. Though this property is in close proximity to where Earl Campbell Parkway intersects with Loop 323, it is not near a major intersection of two intersecting major arterials. The subject property was rezoned to PCD, Planned Commercial Development District in 2008 to allow for a mixed-use master planned community. The PCD site narrative limited the number of residential units to 3,250 with a maximum multi-family density of 40 units per acre. The mixed-use commercial component of the site narrative limited uses, though it did not have any development parameters. Prior to development, final site plans were required to first be approved by City Council. On January 29, 2018, the applicant submitted a request for a PMXD-2 site narrative detailing the parameters for a new mixed-use development on a 178.05 acre portion of the overall 543 acres. The initial submittal detailed the maximum density of the residential component. An analysis showed that the proposed density would allow up to 17,800 units to be constructed on the property. On February 7, 2018, the applicant submitted a revised site narrative clarifying that the maximum number of residential units will be 6,000 and limited the number of mid-rise towers (8-15 stories) to five. The proposed maximum density of lots containing mid-rise towers is 80 units per acre, whereas the maximum on any other lot is 65 units per acre. Parking is proposed to be provided via surface lots or parking garages (not to exceed six stories). The site narrative stipulates that up to 100 percent of the ground floor of any mid-rise tower may be occupied by specific uses such as restaurants, banks and other personal service uses. The site narrative stipulates that site plan approvals will be required prior to development and that Traffic Impact Analysis (TIA) will be performed for the entire 178 acres at the time of the first site plan submittal. In addition to a TIA, a capacity analysis of existing water and sanitary sewer infrastructure as well as a water consumption and sewer flow design report will be required at the time of the first site plan submittal. Planning Staff distributed the development proposal to the City departments and outside agencies that compromise the Development Review Committee (DRC) in order to adequately review the proposal for potential impacts on services and facilities. The development proposal specifies up to 6,000 new residential units with up to five mid-rise towers at a maximum height of 165 feet. Given the people per household ratio provided by the latest Census estimate (2.33), the anticipated population of the development at build-out is 13,980. Since 2012, the City has added 1,995 single-family units total. According to latest American Community Survey population estimates, the City of Tyler s population has grown at an average rate of 0.94 percent between 2010 and 2015. Projected at this rate, by 2020, the City of Tyler s population is estimated to be 106,363 per the Tyler Area Metropolitan Planning Organization. Adding an additional 13,980 residents over a ten year period would represent a population growth rate of approximately 2.12 percent annually or 1,398 persons per year on top of the normal growth rate.
On February 16, 2018, the Planning Staff returned the DRC s comments to the applicant s agent. City Staff met with the applicant s agent on February 21, 2018 to discuss the returned comments and to recommend that the applicant approach the City with a developer s agreement to establish a phasing plan to ensure that the development neither exceeds the City s capacity to serve it nor results in a drop in the level of service for other areas of the City. The following is a summary of the comments made by City departments and outside agencies regarding the submittal: Planning: Various revisions to the narrative to clarify dimensional standards. Plan for public and private transportation as PMXD-2 is intended to be transit-ready. Explanation on how the proposal is consistent with Future Land Use principles. Timing of Traffic Impact Analysis and basis for assumptions. Fire: In order to maintain response times for ISO grading and to serve mid-rise towers, the Fire Department identified the following needs: o Expansion of the sleeping quarters at Fire Station 5 (estimated cost $200K). o Ladder tower truck (estimated cost $1.3M). o One Fire company composed of 12 firefighters (estimated cost $1.25M annually). Police: To meet the staffing model of 1.8 officers per 1,000 residents, the Police Department identified the following needs: o 24 new police officers (estimated cost $1,860,996 annually). o 3 Sergeants (estimated cost $353,729 annually). o 9 new fully equipped units (estimated cost $360,000 annually). o Individual police equipment (estimated cost $67,500 annually). Library: Increase population served will require an increase in staffing. Animal Control: Increase population served will require an additional employee. Streets and Stormwater Management: Additional rights-of-way will require additional staff and equipment to maintain. Tyler Water Utilities: Water Development will increase daily flow from Lake Palestine Plant by 25 percent. Increase in chemicals used (estimated cost $273,172 annually). Water main extensions and replacements (borne by the developer per UDC). Sanitary Sewer Development will increase daily flow by 1.875 Million Gallon per day (MGD). The Westside Plant will be at 84.4 percent of designed flow necessitating a design requirements. Increase in chemicals used (estimated cost $250,000). Upgrade or replace two lift stations (estimated cost $6M).
Upgrade or replace Westside Plant capacity (estimated cost $50M). Four additional Plant Operators (estimated cost $200K annually). One additional Biosolids Operator (estimated cost ($40K annually). One additional Biosolids Truck and Trailer (estimated cost $190K). Wastewater Hydraulic Model update (estimated cost $50K). Solid Waste: No impact if trash services are commercial (e.g. dumpsters, not individual bins). Transit: Need more information on the timeframe of each phase of population increase in order to plan for routes. Tyler Independent School District: Since any child within the Tyler Independent School District (TISD) can receive public education, TISD needs more details on potential student age ranges and timing of the development. On February 27, 2018, the applicant s agent responded to each of the comments (Exhibit F ). Generally, the applicant s position is that the development will be scaled over a period of time and may not be build-out for as many as ten years. Due to this gradual development, the applicant feels that the impact to services will not be immediate and has offered to write letters of support for grants and bonds as well as funding mechanisms whereby the developer would construct infrastructure and then be reimbursed through tax abatements. The applicant s agent has stated that the developer may engage with a financial impact consultant at a later date to perform a financial analysis. The City of Tyler does not utilize impact fees to pay for expansion of public capital facilities. Impact fees are cash payments in advance of the completion of development and are based on a methodology and calculation derived from the cost of the facility and the nature and size of the development, and are used to finance improvements offsite of, but to the benefit of the development. In lieu of impact fees, the City of Tyler employs an Adequate Public Facilities policy relating to how public infrastructure is provided for a development. Any land proposed for subdivision must be adequately served by essential facilities and services including street access, water, waste water disposal and off-site drainage. Per the UDC, developers are required to bear the entire cost to design, construct and install the minimum infrastructure to service their development. While other capital needs and services such as fire and police services, though they may be impacted by the development, are not required to be addressed by the developer unless there is a rational nexus between the needs and the proposed impact of the development. City Staff has ran estimates on the financial impact that the development will have on the City. It is projected using the City s best assumptions that at build-out, the development will result in a deficit of approximately $7.7 million to the General Fund over a five year period. Long-term offsite infrastructure costs also show a negative projection on future City utility and capital outlay budgets. The first goal of the Public Facilities and Services chapter in the Tyler 1 st Comprehensive Plan is to Continue improvements and extension of public safety facilities and services to keep pace
with growth. This directive stresses the importance of ensuring that services meet the demand of new development at the typical rate of growth in said demand. Without further knowledge of the applicant s planned rate of growth, staff is unable to determine whether the proposed development will be consistent with this Tyler 1 st goal. On March 6, 2018, the Planning and Zoning Commission held a public hearing on this request. There was significant discussion about the assumptions in financial impact, planned rate of growth, and the need for more detailed information. The applicant discussed the proposal and presented changes that have not yet been presented to staff. A number of citizens spoke in favor of the proposal stating that the North End/West Tyler needs more development. Other citizens spoke of concerns of the unknowns related to the density, traffic, and growth. The Commission was concerned about the projected financial impact and wanted the applicant to provide information to help the City determine short and long-term impacts to City finances and public services. The Planning and Zoning Commission, by a 5-2 vote, recommended tabling the request for 30 days. On April 3, 2018, the Planning and Zoning Commission held a public hearing on this request. Staff discussed that the applicant had submitted a revised proposal for 3,000 units but that more time was needed to thoroughly review the new proposal. The applicant discussed that they were going to work with staff and requested to table the item for another 30 days. The Planning and Zoning Commission, by a 7-0 vote, recommended tabling the request indefinitely. On April 12, 2018, the Hibbs Institute at the University of Texas at Tyler released an economic impact analysis for the Bellwood Forest proposal. The report showed that the development would generate revenue from sales and property taxes for the City over a seven-year period. The analysis assumed that 100 percent of materials and labor would come from Tyler suppliers. The forecasted combined sales and property tax revenue over a seven-year period averaged approximately $1,238,880 per year. By contrast, the annual Police operations cost to serve 3,000 units or 7,500 people is approximately $1,615,997 (14 officers with cars and equipment). Also on April 12, 2018, Bryan Rossman from Adams Engineering (developer s agent) requested that the proposal be placed on the May 1 st Planning and Zoning Commission agenda. On April 17, 2018, Bryan Rossman, Chris Burrow representing the sellers, and City staff met to discuss anticipated impacts of the development. Managing Director for Public Utilities Scott Taylor identified that the accelerated rate of development of 3,000 units as proposed by the applicant would result in the City needing to design upgrades to the Westside Water Treatment Plant nearly ten years ahead of schedule due to Texas Commission on Environmental Quality (TCEQ) mandates. It was also discussed that the existing PCD zoning allows for up to 2,095 units to be located on the 178 acres subject to the request. On April 26, 2018, Chris Burrow representing the seller requested that the item not be heard at the May 1 st meeting to allow all parties to explore other options with the existing PCD zoning. As of Friday, April 27, 2018, of the six notices mailed, no notices were returned in favor or in opposition to the request. All other departments have reviewed the application and anticipate a negative impact on services and facilities by the proposed rezoning request without assurances from the applicant that the development will be phased at intervals that do not result in a decrease in levels of service and will not have a negative impact on the City s fiscal standing.
RECOMMENDATION: Staff recommends keeping the item on the table until the applicant agrees to reduce the maximum number of units to 2,095 and address other site design concerns. ATTACHMENTS: 1. Exhibit A : Site Narrative 2. Exhibit B : Conceptual Site Layout 3. Exhibit C : Location Map 4. Exhibit D : Tyler 1 st Future Land Use Map 5. Exhibit E : Notification Map 6. Exhibit F : Applicant s Response to DRC s Comments
EXHIBIT A SITE NARRATIVE
EXHIBIT A SITE NARRATIVE
EXHIBIT A SITE NARRATIVE
EXHIBIT A SITE NARRATIVE
EXHIBIT A SITE NARRATIVE
EXHIBIT A SITE NARRATIVE
EXHIBIT B CONCEPTUAL SITE LAYOUT
EXHIBIT C LOCATION MAP
EXHIBIT D TYLER 1 ST FUTURE LAND USE GUIDE
EXHIBIT E NOTIFICATION MAP
EXHIBIT F APPLICANT S RESPONSE TO DRC S COMMENTS
EXHIBIT F APPLICANT S RESPONSE TO DRC S COMMENTS
EXHIBIT F APPLICANT S RESPONSE TO DRC S COMMENTS
EXHIBIT F APPLICANT S RESPONSE TO DRC S COMMENTS
EXHIBIT F APPLICANT S RESPONSE TO DRC S COMMENTS
EXHIBIT F APPLICANT S RESPONSE TO DRC S COMMENTS
EXHIBIT F APPLICANT S RESPONSE TO DRC S COMMENTS