Title
Conduct a Public Hearing to Consider/Discuss/Act on a Request by the City of McKinney to Amend Chapter 146 (Zoning Regulations), Section 146-130 (Vehicle Parking) and Section 146-134 (Performance Standards) of the Code of Ordinances
Summary
COUNCIL GOAL: Direction for Strategic and Economic Growth
(1C: Provide a Strong City Economy by Facilitating a Balance between Industrial, Commercial, Residential, and Open Space)
MEETING DATE: July 26, 2022
DEPARTMENT: Development Services - Planning Department
CONTACT: Jennifer Arnold, AICP, Director of Planning
Aaron Bloxham, Principal Planner
APPROVAL PROCESS: The recommendation of the Planning and Zoning Commission will be forwarded to the City Council for consideration at the August 16, 2022 meeting.
STAFF RECOMMENDATION: Staff recommends approval of the proposed amendments.
ITEM SUMMARY:
• Staff proposes to remove or relocate certain regulations currently found within the Zoning Ordinance in order to eliminate redundant information, reduce potential conflicts, and relocate regulations to a more appropriate chapter of McKinney’s Code of Ordinances.
• The regulations being removed pertain to items that are already governed by other agencies (such as the state) or by other provisions of the McKinney Code of Ordinances.
• In compliance with State Law, the amendments being presented to the Planning and Zoning Commission only pertain to the removal of provisions from the Zoning Ordinance. During their August 16 meeting, Council will consider approval of the amendments to the Zoning Ordinance as well as any other amendments to the Code of Ordinances to accommodate the relocation of a noted requirement.
PROPOSED AMENDMENTS:
• Section 146-134 (Performance Standards)
o Performance Standards includes standards for smoke and particulate matter, odorous matter, fire and explosive material, toxic and noxious matter, vibration, waste materials, noise, and construction hours.
o Staff proposes to remove the performance standards for smoke and particulate matter, odorous matter, fire and explosive material, toxic and noxious matter, vibration, and waste materials from the Chapter 146 (Zoning Regulations) because these standards are already governed by either a state agency or another provision within McKinney’s Code of Ordinances, respectively.
o Staff proposes to relocate the performance standards for to noise from Chapter 146 (Zoning Regulations) to Chapter 70, Article V of the McKinney Code of Ordinances, which already includes other requirements pertaining to the emittance of noise in the city.
o Staff proposes to relocate the performance standards for allowable construction hours from Chapter 146 (Zoning Ordinance) to Chapter 122 (Construction Regulations) of the McKinney Code of Ordinances, which already includes other requirements pertains to construction regulations.
• Section 146-130 (Vehicle Parking)
o Staff proposes to relocate parking prohibitions for private property from Chapter 146 (Zoning Regulations) to Chapter 70 (Offenses and Miscellaneous Provisions).
o Staff proposes to relocate parking prohibitions for public streets from Chapter 146 (Zoning Regulations) to Chapter 62 (Motor Vehicles and Traffic).
BACKGROUND INFORMATION:
• As part of the New Code McKinney initiative (development regulation overhaul), the project team has identified certain provisions within the Zoning Ordinance that could be removed because this items are already governed by other agencies or they should be relocated to more appropriate chapters of the City’s Code of Ordinances.
OPPOSITION TO OR SUPPORT OF REQUEST:
• Staff has not received any letters in support of or in opposition to the proposed amendments.