Title
Conduct a Public Hearing to Consider/Discuss/Act on a Variance to a Site Plan for a Multi-Family Development (Hidden Villas), Located on the Southeast Corner of Bush Drive and El Lago Drive
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: August 27, 2024
DEPARTMENT: Development Services - Planning Department
CONTACT: Jake Bennett, Planner II
Caitlyn Strickland, AICP, Planning Manager
Jennifer Arnold, AICP, Director of Planning
APPLICATION SUBMITTAL DATE: April 4, 2022 (Original Application)
August 16, 2022 (Revised Submittal)
September 27, 2022 (Revised Submittal)
October 18, 2022 (Revised Submittal)
October 31, 2022 (Revised Submittal)
December 20, 2022 (Revised Submittal)
January 5, 2023 (Revised Submittal)
January 11, 2023 (Revised Submittal)
June 20, 2023 (Revised Submittal)
June 28, 2023 (Revised Submittal)
December 20, 2023 (Revised Submittal)
July 31, 2024 (Revised Submittal)
APPROVAL PROCESS: The action of the Planning and Zoning Commission for the proposed site plan may be appealed to the City Council.
STAFF RECOMMENDATION: Staff recommends approval of the proposed site plan with the following conditions:
1. The applicant receive a variance to Section 146-132 (3)b. in order to not provide a 6’ tall masonry screening wall along the southern and eastern property lines of the subject property.
ITEM SUMMARY: The applicant is proposing to construct a 108-unit multi-family residential development. The development is proposed to be constructed as a brownstone product that will be for-rent.
As part of the application, the applicant is requesting a variance to not provide a 6’ tall masonry screening wall along the southern and eastern property lines of the subject property.
Typically, site plans can be approved at the staff level; however, the applicant has requested a variance, which requires consideration by the Planning and Zoning Commission for approval.
This site plan is being reviewed under Chapter 146 (Zoning Regulations) of the McKinney Code of Ordinances, as it was submitted prior to the adoption of the Unified Development Code (UDC) on November 15, 2022.
PLATTING STATUS: The subject property is currently unplatted. A final plat of the subject property must be approved prior to the commencement of any development activity on the subject property.
EXISTING ZONING AND LAND USES:
|
Location |
Zoning District (Permitted Land Uses) |
Existing Land Use |
|
Subject Property |
PD 1997-04-017 (Multiple Family Residential Uses) |
Undeveloped Land |
|
North |
PD 2002-05-047, PD 2007-02-019, PD 1999-10-082 (Office Uses) |
Smile McKinney Dental, Blue Steel Production, dataVoice International |
|
South |
PD 1997-04-017 (Multiple Family Residential Uses) |
El Lago Apartments |
|
East |
PD 1997-04-017, PD 2006-05-056 (Commercial Uses) |
Social Security Administration Office, Holiday Inn and Suites |
|
West |
PD 1994-06-018 (Residential Uses) |
Single Family Residential/ Common Area |
ACCESS/CIRCULATION:
|
Adjacent Streets: |
Bush Drive, 60’ Right-of-Way |
PARKING: The applicant has satisfied the minimum parking requirements as specified within Section 146-130 (Vehicle Parking) of the Zoning Ordinance.
LOADING SPACES: The applicant has satisfied the minimum loading space requirements as specified within Section 146-131 (Off-Street Loading) of the Zoning Ordinance.
SOLID WASTE CONTAINERS: The sanitation container screening walls will be brick, stone masonry or other architectural masonry finish, including a metal gate, primed and painted, and the sanitation container screening walls, gate, and pad site will be constructed in accordance with the City of McKinney Design Specifications. The applicant has provided the required notation on the proposed site plan.
LANDSCAPING REQUIREMENTS: The applicant has satisfied nearly all of the landscaping requirements. As part of the of the listed conditions, the applicant shall shift a proposed canopy tree to be a minimum of 8 feet from a public utility line on the southeast portion of the site.
SCREENING REQUIREMENTS: The applicant has provided the required notation stating that all mechanical, heating, and air conditioning equipment shall be screened from the public right-of-way and from adjacent residential properties. The applicant has properly screened the sanitation container and has satisfied the minimum requirements as specified in Section 146-132 (Fences, Walls, and Screening Requirements) of the Zoning Ordinance.
However, the applicant requests a variance to Section 146-132 (3)b (Fences, Walls, and Screening Requirements) in order to not provide the 6’ tall solid masonry screening device along the southern and eastern property lines. Instead of providing the 6’ tall solid masonry screening wall, the applicant proposes a wrought iron fence on top of the proposed retaining walls along the southern and eastern property lines.
Section 146-132 (4) allows applicants to request variances to screening requirements and seek approval from the Planning and Zoning Commission. A variance may be granted if the Commission finds that:
a. Unique circumstances exist on the property that make application of specific items in this section unduly burdensome on the applicant;
b. The variance will have no adverse impact on current or future development;
c. The variance is in keeping with the spirit of the zoning regulations, and will have a minimal impact, if any, on the surrounding land uses; or
d. The variance will have no adverse impact on the public health, safety and general welfare. A financial hardship shall not be considered a basis for the granting of a variance.
When looking at the site, Staff notes that the subject property sits lower along the southern and eastern property lines than the adjacent properties, which are comprised of existing commercial developments (to the east) and an existing multi-family development (to the south). The existing office, hotel, and multi-family development surrounding the subject property are on the high side of the grade change and have constructed metal fencing on top of their retaining walls. The applicant is proposing to do the same in order to match the existing conditions of adjacent properties.
The applicant is proposing a 6’ tall wrought iron fence in lieu of the 6’ tall masonry wall on top of the proposed retaining walls. The proposed retaining walls on the subject property vary in height, with some areas spanning over 20’ tall. The proposed multi-family is lower in grade and needs to construct additional retaining walls beyond what already exists on the adjacent properties.
A 6’ tall masonry screening wall is being provided in the southwest section of the site, which is the portion of the site adjacent to existing single family residential. Staff believes that the requested variance for the southern and eastern property lines will not negatively affect the adjacent single family residential properties. We also note that this site is the last remaining undeveloped property on this corner, and the proposed wrought iron fence atop the retaining wall(s) would be cohesive with the development patterns and screening that already exist on the other multi-family and commercial sites.
Given the grade change on the property, the height of the existing retaining walls, the lack of interference with single family residences, and the overall cohesion the proposed screening creates with the remainder of the bock, Staff recommends approval of the variance.
LIGHTING AND GLARE REGULATIONS: The applicant will be responsible for complying with Chapter 58 (Lighting and Glare Regulations) of the City of McKinney Code of Ordinances. The applicant has provided the required notation stating that the lighting will be in conformance to the requirements of the City of McKinney Code of Ordinances on the site plan.
ARCHITECTURAL STANDARDS: The applicant will be responsible for meeting all applicable requirements of Section 146-139 (Architectural and Site Standards) of the City of McKinney Zoning Ordinance. Architectural building elevations are subject to review and approval by the Chief Building Official, prior to issuance of a building permit.
TREE PRESERVATION ORDINANCE: The applicant will be responsible for complying with the Tree Preservation Ordinance. The applicant has submitted a tree survey, subject to review and approval of the City’s Landscape Architect.
PUBLIC IMPROVEMENTS:
|
Sidewalks: |
Not Required |
|
Hike and Bike Trails: |
Not Required |
|
Road Improvements: |
All road improvements necessary for this development, and as determined by the City Engineer |
|
Utilities: |
All utilities necessary for this development, and as determined by the City Engineer |
Discussion: Under the requirements of the Subdivision Ordinance, the applicant will be required to construct all necessary public improvements prior to filing the accompanying plat, unless otherwise specified in an approved facilities agreement.
DRAINAGE: The applicant will be responsible for all drainage associated with the subject property, and for compliance with the Storm Water Ordinance, which may require on-site detention. Grading and drainage plans are subject to review and approval by the City Engineer, prior to issuance of a building permit.
FEES:
|
Roadway Impact Fees: |
Applicable (Ordinance No. 2020-12-091) |
|
Utility Impact Fees: |
Applicable (Ordinance No. 2020-12-092) |
|
Median Landscape Fees: |
Not Applicable |
|
Park Land Dedication Fees: |
Applicable |
|
Pro-Rata: |
As determined by the City Engineer |
OPPOSITION TO OR SUPPORT OF REQUEST: Staff has not received any letters in support of or in opposition to this request. This does not include emails or letters that may have been sent directly to members of the Council. Staff has not received any citizen comments through the online citizen portal.
BOARD OR COMMISSION RECOMMENDATION: On December 13, 2022, the Planning and Zoning Commission unanimously voted to approve a variance for the applicant not to provide the required 6’ tall masonry screening device near the northwest corner of the subject property, with the addition of enhanced landscaping at the northwest corner of the property, with a vote of 7-0-0.