Title
Conduct a Public Hearing to Consider/Discuss the Request by the City of McKinney to Create Appendix G-1 (McKinney Town Center Regulating Plan) and Appendix G-2 (McKinney Town Center Zoning District Regulations) in the Zoning Regulations (Chapter 146 of the Code of Ordinances); to Amend Sections 6 (Zoning Districts Established), 40 (Nonconforming Uses and Nonconforming Structures), 45 (Site Plan Approval), 95 (MTC McKinney Town Center District), 96 (CHD Commercial Historic District), 129 (Height and Area Exceptions, and Minimum Distances Between Specific Uses), 130 (Vehicle Parking), 131 (Off-Street Loading), 132 (Fences, Walls, and Screening Requirements), 135 (Landscape Requirements), 137 (Communications Antennas, Satellite Dishes and Support Structures/Towers), 138 (Open Storage and Outdoor Display), 139 (Architectural and Site Standards), 141 (Residential Development Design Requirements), 163 (Planning and Zoning Commission), 167 (Historic Preservation Officer), 168 (Designation of Historic Landmarks and Districts), Appendix C-1 (McKinney Commercial Historic District Map), Appendix C-2 (Historic District Map), Appendix F-1 (Schedule of Areas, Densities, Heights, Lot Coverages, Setbacks and Yards), and Appendix F-4 (Schedule of Uses) of the Zoning Regulations (Chapter 146 of the Code of Ordinances); to Amend Section 155 (Exemptions) of the Subdivision Regulations (Chapter 142 of the Code of Ordinances); and to Amend Section 9 (Downtown Commercial Historic District) of the Sign Regulations (Chapter 134 of the Code of Ordinances).
Summary
MEETING DATE: January 22, 2013
DEPARTMENT: Planning
CONTACT: Kevin Spath, AICP, Assistant Director
Scott Polikov, AICP, President, Gateway Planning Group
APPROVAL PROCESS: No recommendations will be made by the Planning and Zoning Commission at the January 22, 2013 meeting; the Planning and Zoning Commission will only consider and discuss the request. At the February 25, 2013 joint meeting, the Planning and Zoning Commission will make its recommendation and final action will be taken by the City Council.
STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission consider and discuss the request by the City of McKinney. Staff will be requesting approval of the request at the joint meeting of the Planning and Zoning Commission and the City Council on February 25, 2013.
ITEM SUMMARY: This evening, Staff and the consultant team are presenting two cases associated with the MTC zoning initiative: (1) a proposed "textual" amendment of McKinney's zoning ordinance for the purpose of adopting/integrating the MTC zoning district regulations, and (2) a proposed "map" amendment of McKinney's official zoning map for the purpose of rezoning approximately 262 acres (approximately 616 parcels) to the MTC zoning district (assuming that the proposed MTC zoning district is adopted). This case (12-222M) focuses only on the proposed "textual" amendment.
One of the most critical implementation elements of Phase 2 of the Town Center Study Initiative has been the analysis of existing zoning regulations and the crafting of new form-based zoning regulations. The proposed form-based zoning district (designated as "MTC" - McKinney Town Center District) has been under development since 2010. The purpose of this proposal is to replace most of the ineffective and obsolete land development regulations currently governing McKinney's Town Center. Note: the requested rezoning will not change any of the historic preservation regulations currently in effect, and it will not displace any current property owners/users. In summary, the new form-based zoning is intended to help preserve, enhance, and grow McKinney's unique and historic Town Center for many years into the future by:
(1) Addressing unique redevelopment challenges,
(2) Facilitating economic revitalization,
(3) Creating adjacency predictability for property owners and potential investors,
(4) Simplifying and streamlining the development regulations and process,
(5) Realizing the long-term performance of TIRZ #1, and
(6) Achieving the community's adopted long-term vision.
On November 26, 2012, Staff and the consultant team presented a final draft of the proposed MTC form-based zoning district to a joint meeting of the Planning and Zoning Commission and the City Council (Agenda Item #12-1055). Based on comments received from Commissioners and Councilmembers during that meeting as well as comments received from various other stakeholders over the last several weeks, Staff and the consultant team have made a handful of relatively minor changes to the draft. Those changes have been "track changed" and appear in red on the attached document entitled "Proposed Appendix G-2 (MTC Zoning District Regulations)."
This evening, Staff and the consultant team are now presenting the final draft of the MTC McKinney Town Center form-based zoning district, which is comprised of two parts:
· MTC Regulating Plan (proposed to be adopted into the City of McKinney Zoning Ordinance as a new Appendix G-1)
· MTC Zoning District Regulations (proposed to be adopted into the City of McKinney Zoning Ordinance as a new Appendix G-2)
It is also critical to properly integrate the proposed MTC Zoning District Regulations and the Regulating Plan into the City's existing framework of land development regulations in order to ensure consistency and avoid conflicting regulations. As such, it is necessary to make minor textual modifications to various sections of the City's Zoning Ordinance (Chapter 146), Subdivision Ordinance (Chapter 142), and Sign Ordinance (Chapter 134). This evening, Staff is providing the attached "track changed" versions.
SUMMARY OF PROCESS AND STAKEHOLDER PARTICIPATION:
· In January 2010, as the City's 2010 Bond Package was being prepared, Staff and the consultant team presented to City Council a brief summary of the critical importance of synchronizing the City's public capital investments ("carrots") with the City's development regulations ("sticks") in order to maximize leveraging and attract additional private investment in the Town Center over time (Agenda Item #10-040).
· In March 2010, Staff and the consultant team hosted an informational public Stakeholders Meeting to discuss and seek feedback on the early progress of Phase 2 of the Town Center Study Initiative.
· In May 2010, Staff and the consultant team presented to City Council a brief summary of the analysis of development regulations that are obstacles to realizing the preferred concepts of the vision and also outlined an approach and process by which a set of proposed form-based zoning regulations would be created to specifically implement the vision in the Town Center (Agenda Item #10-254).
· In August 2010, Staff and the consultant team hosted an informational public Stakeholders Meeting in conjunction with the proposed creation of the Tax Increment Reinvestment Zone (TIRZ #1) for the Town Center. During this meeting, Staff and the consultant team also presented a brief overview of the proposed form-based zoning regulations because implementation of the proposed regulations was one of the key assumptions behind the projected long-term growth of the tax increment in the Town Center.
· In January 2011, Staff and the consultant team presented to City Council a brief update on the progress of the drafting of the proposed MTC form-based zoning regulations (Agenda Item #11-044).
· On September 26, 2011, Staff and the consultant team presented to City Council a complete first draft of the proposed MTC form-based zoning district (Agenda Item #11-455).
· Between September 2011 and November 2012, the complete first draft was posted for public review and comment on the City's Town Center Study webpage. During that period of time, Staff received comments (written and/or verbal) from approximately 5 stakeholders. Staff used the comments to test, refine, and prepare the final draft.
· On November 26, 2012, Staff and the consultant team presented the final draft to a joint meeting of the Planning and Zoning Commission and the City Council (Agenda Item #12-1055). Since that meeting, Staff has received approximately 21 direct inquiries (phone, email, face-to-face conversation) from stakeholders seeking clarification or additional information about the proposed MTC zoning. Staff has responded to each of these inquiries. Of these inquiries, Staff has received zero (0) comments voicing opposition to the proposed MTC zoning and nine (9) comments voicing support for the proposed MTC zoning.
· On November 27, 2012, Staff and the consultant team hosted a Final Informational Stakeholders Meeting (see attached photo). Two weeks in advance of the meeting, Staff mailed a Meeting Invitation (see attached) to the owner (approximately 300 distinct owners) of every parcel (616 parcels) located within the proposed MTC zoning district. Staff also mailed a Meeting Invitation to the owner (approximately 250 distinct owners) of every parcel located within 200 feet of the perimeter boundary line of the proposed MTC zoning district. Over 50 stakeholders attended, representing a broad cross-section of property owners, adjacent neighborhood residents, real estate investors/developers, and former City Council members who had participated in earlier phases of the Town Center Study Initiative. Staff and the consultant team provided a detailed presentation covering: (1) history/background of the Town Center Study Initiative, (2) details of the proposed MTC zoning district and how to use it, and (3) remaining steps and mechanics of the approval process. Thereafter, Staff and the consultant team facilitated a lengthy question and answer discussion. Stakeholder feedback was positive with just a handful of questions focusing on the proposed MTC zoning district. A few of the MTC zoning district-related questions were focused on how the proposed MTC zoning district would address non-conforming structures and uses. The other MTC zoning district-related questions focused on signage and the historic preservation zoning districts. Staff and the consultant provided explanation and clarification seemingly to the stakeholders' satisfaction. Most of the other questions focused on more general but related issues to the Town Center such as passenger rail service, street infrastructure, the tax increment reinvestment zone, and brownfields. Staff provided updates for those questions as well.
· At the invitation of the McKinney Historic Neighborhood Association (MHNA), Staff and the consultant also made a presentation to the MHNA on January 3, 2013 (see attached photo). Approximately 40 members attended. Staff and the consultant also facilitated a lengthy question and answer discussion. Feedback from the MHNA stakeholders was positive with a handful of questions focusing on the proposed MTC zoning district. A significant concern of the MHNA stakeholders was whether the proposed MTC zoning district would remove or weaken the historic district zoning regulations already in effect. Staff and the consultant explained that the proposed MTC zoning district would not change, remove, or weaken the historic district regulations. Another question of the MHNA stakeholders was whether the proposed MTC zoning district would directly displace any current property owners/users. Staff and the consultant explained that the proposed MTC zoning district would not directly displace any current property owners/users. The MHNA stakeholders also had questions focused on more general but related issues to the Town Center such as passenger rail service and street infrastructure. Staff provided updates for those questions as well. A few days after the meeting, Staff received an emailed Letter of Support from the MHNA Board (see attached).
· On January 11, 2013, Staff mailed an official Public Hearing notice (see attached) to the owner of every parcel located within the proposed MTC zoning district. Staff also mailed an official Public Hearing notice to the owner of every parcel located within 200 feet of the perimeter boundary line of the proposed MTC zoning district.