Title
Conduct a Public Hearing to Consider/Discuss/Act on the Request by Bob Tomes Ford, on Behalf of McKinney Lone Star Enterprises, L.P., for Approval of a Request to Rezone Fewer than 6 Acres from “PD” - Planned Development District to “PD” - Planned Development District, Generally to Modify the Development Standards, Located on the Southeast Corner of Park View Avenue and North Brook Drive, and Accompanying Ordinance
Summary
MEETING DATE: January 21, 2014
DEPARTMENT: Planning
CONTACT: Michael Quint, Director of Planning
Brandon Opiela, Planning Manager
Samantha Gleinser, Planner I
RECOMMENDED CITY COUNCIL ACTION:
• Staff recommends denial of the proposed rezoning request due to lack of compatibility with the adjacent land uses.
• However, should the proposed rezoning request be approved, the following special ordinance provisions shall apply:
1. Use and development of the subject property shall develop in accordance with “PD” - Planned Development District Ordinance No. 99-04-038, and as amended, except as follows:
a. The development of the subject property shall generally conform to the attached site layout.
b. A landscape buffer varying in width from 36 feet to 20 feet shall be required along Park View Avenue as shown on attached Exhibit “B”.
c. A 5’ wide sidewalk shall be located along Park View Avenue as shown on attached Exhibit “B”.
d. A 6’ tall wrought iron fence with masonry columns located 20 feet on center and sufficient evergreen landscaping to create a screening effect shall be constructed along Park View Avenue to screen the storage of vehicles as shown on Exhibit “B”.
e. A 6’ tall wrought iron fence with sufficient evergreen landscaping to create a screening effect shall be constructed along the eastern property line, as shown on the attached site layout.
f. Evergreen screening shrubs (from the Approved Plant List, Appendix A of the Zoning Ordinance) shall be planted at a minimum height of 3 feet (acceptable for 6 foot screening at maturity) and spaced at 4 feet on center along Park View Avenue.
ITEM SUMMARY:
• The applicant is requesting to rezone approximately 5.32 acres of land, located on the southeast corner of Park View Avenue and North Brook Drive from “PD” - Planned Development District to “PD” - Planned Development District, generally to reduce the required landscape buffer from 60 feet to 20 feet along Park View Avenue and to modify the screening requirements for the storage of vehicles on the property. There is currently a collision center on the northern portion of the subject property, and the applicant has indicated their intent to expand the collision center and install additional parking spaces for the storage of vehicles onto the southern portion of the lot.
• The subject property was previously rezoned in 1999 in order to allow an auto paint and body shop on the property. The existing 60 foot landscape buffer along Park View Avenue was put in place as part of “PD” - Planned Development District Ordinance No. 99-04-038 specifically to mitigate any land use conflicts with surrounding properties (including single family residential and park uses) that were created by adding the auto painting and body shop use to the subject property.
• At the December 10, 2013 Planning and Zoning Commission meeting, several residents spoke in opposition to, and in favor of, the item (see attached minutes). Residents in opposition voiced concerns generally about reduction in property values, the location of the masonry wall along Park View Avenue, and the loss of green space. Residents spoke in favor citing generally that it would be a low impact use and that they did not feel the use would cause an increase in traffic.
• At the January 7, 2014 City Council meeting, several residents spoke in opposition to the item (see attached minutes).
• At the January 7, 2014 City Council meeting, the Council voted 7-0-0 to continue the public hearing and table the rezoning request to the January 21, 2014 meeting in order to allow the applicant and surrounding property owners to discuss the project in more detail.
• On January 9, 2014, Mayor Loughmiller, Mayor Pro Tem Ussery and City Staff held a meeting with local residents and the applicant to discuss the possibility of changes to the applicant’s request that would be amenable to the residents. The applicant has since proposed to modify the request, indicating that it is their intent to create a variable width landscape buffer that is 36 feet at the northern limit of the parking area and tapers to 20 feet at the southernmost limit along Park View Avenue. Additionally, the applicant is requesting to utilize a 6-foot tall wrought iron fence with masonry columns and living screen with a 5-foot wide meandering sidewalk along Park View Avenue in place of a solid masonry wall. The applicant has also provided AutoTurn exhibits to demonstrate the turning motions of the vehicles that will be accessing the subject property.
BACKGROUND INFORMATION:
• Please see attached Planning and Zoning Commission Staff Report.
• On December 31, 2013, the City Secretary’s Office received a petition of opposition to the proposed rezoning request. The Planning Department has evaluated the petition and determined that it does not meet the minimum requirements necessary to require a favorable vote from a super-majority of the Council in order to approve the request. The Zoning Ordinance mandates that property owners of at least 20% of the land area within 200’ of the property in question must oppose the rezoning request in order to mandate a super-majority vote. The petition of protest submitted only contains 5% of the land area within 200’ of the subject property. Nonetheless, the informal petition of opposition has been attached for the City Council’s reference.
• In addition to the informal petition of protest received on December 31, 2013, the Planning Department also received opposition photos. These photos have been attached for the City Council’s reference.
• At the January 7, 2014 City Council meeting, an additional 7 letters of opposition were handed to the Council. These letters have since been included in the agenda packet.
FINANCIAL SUMMARY:
• N/A
BOARD OR COMMISSION RECOMMENDATION:
• On December 10, 2013, the Planning and Zoning Commission voted 5-2 to recommend approval of the special ordinance provisions listed above per the applicant’s request. Subsequent to the Planning and Zoning Commission meeting, the applicant has submitted changes to the request as stated above regarding the landscape buffer and screening along Park View Avenue. The proposed special ordinance provisions listed above, and the proposed ordinance attached, reflect the revised request from the applicant.