File #: 21-0015SUP3    Name: Watermere Specific Use Permit Request
Type: Ordinance Status: Public Hearing
In control: City Council Regular Meeting
On agenda: 2/15/2022 Final action:
Title: Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit Request to Allow for an Independent Living Facility (Watermere at McKinney), Located on the Southeast Corner of Hardin Boulevard and Virginia Parkway, and Accompanying Ordinance
Attachments: 1. Draft CC Minutes 02.1.2022, 2. Draft PZ Minutes 01.11.2022, 3. Location Map and Aerial Exhibit, 4. Letter of Intent, 5. Letters of Opposition, 6. Citizen Comments, 7. Proposed Ordinance, 8. Proposed Exhibit A-C, 9. Informational Only - Building Elevations, 10. Presentation, 11. Applicant Presentation
Related files: 21-0015SUP, 21-0015SUP2

Title

Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit Request to Allow for an Independent Living Facility (Watermere at McKinney), Located on the Southeast Corner of Hardin Boulevard and Virginia Parkway, and Accompanying Ordinance

 

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:                     February 15, 2022

 

DEPARTMENT:                      Development Services - Planning Department

 

CONTACT:                       Jennifer Arnold, AICP, Director of Planning

                     Caitlyn Strickland, Planning Manager

                     Kaitlin Sheffield, Planner II

 

RECOMMENDED CITY COUNCIL ACTION:  Staff recommends denial of the proposed specific use permit request due to concerns regarding a residential use on a commercially-zoned property.

 

However, if the specific use permit is approved, the following conditions shall apply:

 

1.                     The property shall generally develop in accordance with the attached specific use permit exhibit, and all applicable development requirements of the city.

 

APPLICATION SUBMITTAL DATE:                     October 12, 2021 (Original Application)

                                                                                                                              December 10, 2021 (Revised Submittal)

                                                                                                                              

ITEM SUMMARY: The applicant is requesting a specific use permit to allow an independent living facility (Watermere at McKinney) located on the southeast corner of Hardin Boulevard and Virginia Parkway.

 

The governing zoning district (“C2” - Local Commercial District) requires that a specific use permit be granted in order for an independent living facility to be operated on the subject property. As part of the specific use permit request, the applicant has submitted a site layout exhibit detailing the building and parking locations, as well as the internal site circulation.

 

SURROUNDING ZONING AND LAND USES:

 

Location

Zoning District (Permitted Land Uses)

Existing Land Use

Subject Property

“C2” - Local Commercial District (Commercial Uses)

Undeveloped Land

North

“PD” - Planned Development District Ordinance No. 2008-04-037 (Commercial Uses), “AG” - Agricultural District (Agricultural Uses)

Walmart Neighborhood Market, SK Family Dental, Avalon Nail Spa, Great Clips, Pepe’s Tacos y Mas, Bonnie Wenk Park

South

“PD” - Planned Development District Ordinance No. 2014-11-086 (Residential Uses)

Sorrellwood Terrace

East

“AG” - Agricultural District (Agricultural Uses)

Bonnie Wenk Park

West

“C2” - Local Commercial District (Commercial Uses)

7-Eleven

 

SPECIFIC USE PERMITS: When acting on a request for a specific use permit, the following factors should be considered: 

 

                     Compatibility with adjacent and neighboring land uses in the immediate area

 

                     Adaptability of building structures to the proposed use

 

                     Infrastructure requirements: roads, sidewalks, access to public streets, parking, and drainage

 

                     Elements such as screening, open space, building heights, and compatibility of existing buildings to the proposed use

 

The property is located at the hard corner of two major arterials and was zoned to “C2” - Local Commercial District in 2019 to allow for commercial uses. Given the stated goal of the City Council to preserve as much meaningful commercial opportunities as possible, Staff has paid special attention to this corner when evaluating rezoning or specific use permit requests.

 

In 2020, a request to rezone the subject property for multi-family uses was proposed. At the time, Staff was unable to support the request as it would have changed the intended uses on the property from commercial to residential. The request received a tremendous amount of public opposition, including a formal written protest, and was ultimately withdrawn by the applicant.

 

The specific use permit request being considered tonight seeks to allow an independent living facility on the subject property, which is a residential use. Staff must consider the fact that the subject property is currently zoned to allow commercial uses, which is in support of the city’s long-term goal for capturing commercial development opportunities - either in this market cycle or in a future one.

 

We understand that options for age-restricted residential may be relatively limited throughout the city, thus this proposed project may be desirable. However, there is a 70-acre, independent living community (Touchmark at Emerald Lake) currently under development across Hardin Boulevard just south and west of the subject property. Introducing another independent living facility in such close proximity could result in an over-concentration of this particular use at this intersection.

 

With these things in mind, Staff is unable to support the specific use permit request to allow independent living uses on the subject property.

 

IMPACT ON EXISTING DEVELOPMENT:  Staff does not anticipate that the specific use permit request would have a negative impact on adjacent developments.

 

SITE LAYOUT:  The attached exhibit provides a general layout of the proposed building as well as the associated parking and internal site circulation. The site circulation, parking, and sanitation requirements are in general conformance with the Zoning Ordinance.

 

ACCESS/CIRCULATION:                      

 

Adjacent Streets:

Virginia Parkway, 155’ Right-of-Way, Major Arterial  Hardin Boulevard, 145’ Right-of-Way, Greenway Arterial

 

OPPOSITION TO OR SUPPORT OF REQUEST:  Staff has received 9 letters of opposition and no letters of support to this request. This does not include emails or letters that may have been sent directly to members of the Council. As part of the Planning and Zoning Commission Public Hearing(s), Staff also received citizen comments through the online citizen portal, which are attached for your reference.

 

BOARD OR COMMISSION RECOMMENDATION: On January 11, 2022, the Planning and Zoning Commission voted 5-2-0 to recommend approval of the proposed specific use permit request.

 

On February 1, 2022, the City Council voted 6-0-0 to recommend continuing the public hearing and tabling the item to the February 15, 2022 City Council meeting per the applicant’s request.