Title
Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “C1” - Neighborhood Commercial District to “PD” - Planned Development District, Generally to Modify the Development Standards and to Allow Multi-Family and Commercial Uses, Located on the Northwest Corner of Carlisle Street and Virginia Parkway
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: January 25, 2022
DEPARTMENT: Development Services - Planning Department
CONTACT: Kaitlin Sheffield, Planner II
Caitlyn Strickland, Planning Manager
Jennifer Arnold, AICP, Director of Planning
APPROVAL PROCESS: The recommendation of the Planning and Zoning Commission will be forwarded to the City Council for final action at the February 15, 2022 meeting.
STAFF RECOMMENDATION: Staff recommends denial of the proposed rezoning request due to concerns regarding the height of the multi-family use and the proposed density.
However, if the applicant’s request is approved, the following special ordinance provisions shall apply:
1. The subject property shall be zoned “PD” - Planned Development District and shall be subject to the following special ordinance provision:
a. The subject property shall develop in accordance with the attached development regulations.
APPLICATION SUBMITTAL DATE: January 12, 2021 (Original Application)
December 20, 2021 (Revised Submittal)
January 14, 2022 (Revised Submittal)
ITEM SUMMARY: The applicant is requesting to rezone approximately 5.08 acres of land, generally for multi-family and commercial uses and to modify the development standards. The applicant has submitted this zoning request to modify the development standards for multi-family developments including parking and height and to allow uses similar to those permitted within the city’s “MF-1”; “MF-2”; and “MF-3” - Multiple Family Residential Zoning Districts. Also included in the request are standards and similar uses to those within the city’s “C2” - Local Commercial District. More information is detailed further below.
On January 11, 2022, the Planning and Zoning Commission voted 7-0-0 to continue the public hearing and table the item to the January 25, 2022 Planning and Zoning Commission meeting per the applicant’s request.
ZONING:
|
Location |
Zoning District (Permitted Land Uses) |
Existing Land Use |
|
Subject Property |
“C1” - Neighborhood Commercial District (Commercial Uses) |
Undeveloped Land |
|
North |
“RD30” - Duplex Residence District (Residential Uses) |
McKinney El Faro Spanish Seventh-Day Adventist Church |
|
South |
“PD” - Planned Development District Ordinance No. 2001-08-089 (Residential Uses) and “PD” - Planned Development District Ordinance No. 2005-05-050 (Office Uses) |
Revolution Church and Undeveloped Land |
|
East |
“RG18” - General Residence District (Residential Uses) |
Stonegate Apartments and Virginia Oaks Apartments |
|
West |
“PD” - Planned Development District Ordinance No. 2001-03-035 (Residential Uses) |
Our Savior Lutheran Church and Undeveloped Land |
PROPOSED ZONING: The applicant is requesting to rezone the subject property generally for multi-family residential and commercial uses and to modify the development standards, as further described below.
Tract A (1.37 acres)
• Commercial Uses
o Currently, the property is zoned “C1” - Neighborhood Commercial District, which allows a variety of uses including clinic, fitness club, gymnasium, exercise area or similar use, office building, office use, personal service, retail, restaurant or cafeteria (carry out only), restaurant or cafeteria (indoor service), accessory buildings or uses, and parking incidental to the main use.
o The applicant proposes to rezone this tract to “PD” - Planned Development District with similar uses to those permitted within the city’s “C1” - Neighborhood Commercial District and those permitted within the city’s “C2” - Local Commercial District. A complete list of the allowed uses is attached to this staff report for your reference.
• Space Limits
o The current zoning on the subject property follows the space limit requirements for “C1” - Neighborhood Commercial District.
o The applicant proposes to rezone this tract with similar space limit requirements within the city’s “C2” - Local Commercial District. A complete list of the space limits is attached to this staff report for your reference.
Tract B (3.71 acres)
• Residential Uses
o Currently, the property is zoned “C1” - Neighborhood Commercial District and does not permit residential uses.
o The applicant proposes to rezone this tract to allow uses similar to those permitted within the city’s “MF-1”; “MF-2”; and “MF-3” - Multiple Family Residential Zoning Districts. The applicant has indicated a desire to develop multi-family uses on the site; however, a complete list of the allowed uses is attached to this staff report for your reference.
• Building Height and Density
o The zoning currently limits the maximum building height to 35 feet. The maximum building height permitted in the city’s typical multi-family residential zoning districts is also 35 feet (2 stories).
o The applicant is requesting a maximum building height of 4 stories, not to exceed 55 feet.
o Given the existing development patterns in the immediate area which include lower intensity residential and commercial uses, Staff does not feel that the proposed building height of 4 stories (55 feet) is appropriate in this location.
o The applicant is also proposing similar space limit requirements to the “MF-3” - Multiple Family Residential - High Density District with an increase in the maximum density from 20 dwelling units per gross acre to 34 dwelling units per gross acre.
o Staff is concerned that the proposed 4-story building height and density of 34 units per acre may result in a development footprint that is not compatible with the lower intensity residential and commercial developments that currently exist in the area.
o For reference, the zoning on the two multi-family developments to the east has a maximum building height of 2 stories and a maximum density of 24 dwelling units to the acre. However, Stonegate Apartments is currently developed with 68 units (approximately 17-18 units to the acre) and Virginia Oaks Apartments is currently developed with 48 units (approximately 14-15 units to the acre). Both sites are developed with 2 story buildings.
• Landscape Requirements
o Typically, all multi-family developments are required to provide a 20-foot landscape buffer along all rear and side property lines. Multi-family developments are also required to provide an enhanced landscape median on all entrances into the development.
o The applicant proposes to reduce the required landscape buffer along all rear and side property lines to 10 feet. The applicant also proposes to not provide an enhanced landscape median at the entrance to the development along Carlisle Street but will, instead, provide enhanced landscaping on each side of the entry.
o As an infill location with non-residential and existing multi-family uses surrounding the subject property, Staff has no objections to the applicant’s request for the modified landscape requirements.
• Parking
o While the current required parking ratio for multi-family uses is one parking space for each dwelling unit plus half of a space for each bedroom in all dwelling units, the applicant has requested a modified parking ratio of 1.5 spaces per unit.
o In addition, the current requirement for multi-family uses also requires that no less than 50% of the units have an enclosed parking space. However, the applicant has requested a modified parking standard that no less than 50% of the units shall have a covered parking space (carports). As proposed, all covered surface parking (carports) may be constructed of steel frame with gabled standing seam roofs supported by steel columns clad in metal or painted wood.
o In looking at similar developments that have used carports instead of enclosed spaces, Staff found that the request still provides a covered parking space product and is not detrimental to the development.
• Exceptional Quality
o Per Section 146-139 (Architectural and Site Standards) of the City’s Zoning Ordinance, a minimum number of amenities for multi-family developments are required based on the number of units. The maximum density of the proposed zoning would permit up to 172 units, which would typically require a minimum of three amenities. As a provision of exceptional quality, the applicant is proposing a minimum of four amenities.
Given the stated goal of the City Council to preserve as much meaningful commercial opportunities as possible, Staff paid special attention to this rezoning request to allow for residential uses on the subject property. Although the tract is currently zoned “C1” - Neighborhood Commercial District, which allows commercial uses, the site is in a low intensity, midblock location on Virginia Parkway and the depth of the lot (roughly 550 feet) is such that it may be difficult to realize enough commercial potential for the entire 5 acre site. For reference, small-scale commercial developments are usually about 1.5 to 2.5 acres in size. With the rezoning request, the applicant is proposing to maintain approximately 1.5 acres of commercial zoning along Virginia Parkway.
With this in mind, Staff has no objection with introducing residential uses on the subject property. However, we have concerns that the proposed building height of four stories and the proposed density of 34 units per acre is at a scale that is not compatible with the surrounding properties. The existing developments adjacent to the subject property are 1-2 stories in height and the current zoning on the adjacent undeveloped properties allows for a maximum height of 2 stories.
Given these factors, Staff is unable to support the rezoning request.
CONFORMANCE TO ONE MCKINNEY 2040: A key aspect of the ONE McKinney 2040 Comprehensive Plan is to provide direction related to desired development patterns in the city and to inform decisions related to the timing and phasing of future infrastructure investments. To assist in guiding these decisions, the plan includes a set of Guiding Principles that provide overall guidance and a Preferred Scenario and Land Use Diagram that illustrates the desired development patterns in the city. The Preferred Scenario and Land Use Diagram are built upon a series of distinctive districts, each with a specific purpose, focus and market. Each district consists of a mix of placetypes that identify the predominate land uses and desired pattern of development for the district.
• Guiding Principles:
The proposed rezoning request is generally in conformance with the Guiding Principle of “Diversity (Supporting our Economy and People)” established by the Comprehensive Plan. In particular, the proposed request has the potential to provide “[…]housing options and neighborhood choices that are accessible, attainable and appealing to people at all stages of their lives.”
• Preferred Scenario and Land Use Diagram Characteristics:
Per the Preferred Scenario and Land Use Diagram, the subject property is located n the Established Community District and is designated as the Professional Center placetype.
Professional Center generally provides for office uses and jobs that keep people in the city during normal working hours. A Professional Center is typically well landscaped and provides opportunities for small general offices, as well as larger employment uses such as corporate headquarters, institutional facilities and medical campuses. More intense professional uses are typically seen near major transportation corridors, while smaller developments are typically within residential areas and are supportive in nature.
Land Use Diagram Compatibility: When considering land use decisions, the City should determine that a project aligns with the Land Use Diagram and/or meets a majority of the established criteria (below) to be considered compatible with the Land Use Diagram. The proposed rezoning request does not align with the Professional Center placetype of the Established Community District. In order to be considered compatible with the comprehensive plan, the project should meet a majority of the established criteria below:
1. Help McKinney achieve the Comprehensive Plan’s Vision and Guiding Principles;
2. Advance the District’s intent;
3. Demonstrate compatibility with the District’s identity and brand;
4. Include uses compatible with the Land Use Diagram;
5. Leverage and protect natural and built amenities and infrastructure;
6. Strengthen or create connections to activity centers within and beyond the District;
7. Create a positive fiscal impact for the City through the timeframe of the Plan (2040);
8. Demonstrate that the project’s travel demand estimates can be accommodated by the planned transportation network;
9. Demonstrate that the project’s demand on other public infrastructure can be accommodated by planned facilities; and
10. Demonstrate that the life-cycle costs to the public of constructing, maintaining and operating infrastructure included in the project is consistent with this plan’s [Comprehensive Plan] fiscal responsibility policies.
The proposed request for multi-family uses does not strictly align with the Professional Center Placetype. However, the proposed commercial uses along Virginia Parkway does align with the Professional Center Placetype and supports the vision and goal for this property. The remainder of the property would provide additional housing opportunities and is compatible with the adjacent multi-family developments to the east of the subject property. Furthermore, Staff feels comfortable the project’s travel and infrastructure demands can be accommodated by the planned transportation and infrastructure network.
• Fiscal Model Analysis: The attached fiscal analysis shows a potential overall annual deficit of approximately $63,000 for the 5.08 acre property.
OPPOSITION TO OR SUPPORT OF REQUEST: Staff has received no letters of support or in opposition to the request.