Title
Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone a Portion of the Property from "AG" - Agricultural District, "PD" - Planned Development District and "CC" - Corridor Commercial Overlay District to "PD" - Planned Development District and "CC" - Corridor Commercial Overlay District, Located Approximately 1,100 Feet West of Custer Road and on the South Side of U.S. Highway 380 (University Drive), and Accompanying Ordinance
Summary
COUNCIL GOAL: Direction for Strategic Growth
MEETING DATE: May 5, 2015
DEPARTMENT: Planning
CONTACT: Michael Quint, Director of Planning
Brandon Opiela, Planning Manager
Samantha Pickett, Planner II
RECOMMENDED CITY COUNCIL ACTION:
· Staff recommends approval of the proposed rezoning request with the following special ordinance provisions:
1. The use and development of the subject property shall develop in conformance with Section 146-94 ("PD" - Planned Development District) of the Zoning Ordinance, and as amended, except as follows:
a. Tract 1 (approximately 47.01 acres) shall conform to the regulations of Section 146-106 ("SF5" - Single Family Residential District) and Section 146-101 ("CC" - Corridor Commercial Overlay District) of the Zoning Ordinance, and as amended, except as follows:
i. An eight (8) foot tall precast masonry wall shall be constructed along the western property line of Tract 1 in the location shown on attached Exhibit "C" - Boundary Exhibit.
ii. The maximum height of any building constructed on the lots directly adjacent to the wall along the western property line (shown on Exhibit "C") shall be limited to 31 feet.
iii. Purchasers of the lots directly adjacent to the wall (shown on Exhibit "C") shall be provided with attached Exhibit "D" - Disclosure Letter.
iv. Residential dwelling units constructed on Tract 1 shall be subject to attached Exhibit "E" - Architectural Standards.
2. The use and development of Tract 2 (approximately 12.81 acres) shall conform to the regulations of Section 146-112 ("C2" - Local Commercial District) and Section 146-101 ("CC" - Corridor Commercial Overlay District) of the Zoning Ordinance, and as amended.
However, the request is not in conformance with the City of McKinney's Comprehensive Plan and City Council's goal of preserving and developing the non-residential tax base.
ITEM SUMMARY:
· The applicant is requesting to rezone approximately 47.01 acres (Tract 1) for single family residential uses and is also requesting to rezone approximately 12.81 acres (Tract 2) for commercial uses.
· In September of 2007, the City Council approved a rezoning request for the subject property, tying down a general layout for approximately 8.95 acres of retail uses, approximately 7.32 acres of self-storage uses and approximately 43.27 acres of office uses (see attached PD Ordinance).
· Staff has no objections to the proposed rezoning request as development of the entire property for non-residential uses may be challenging due to its limited access from multiple street frontages, the property's mid-block location, and the natural lake/drainage feature bisecting the property, making a large portion of the property more conducive to residential uses. Additionally, the applicant has preserved a portion of the property along the U.S. Highway 380 frontage for non-residential uses.
· Subsequent to the November 18, 2014 City Council meeting, Staff implemented the Land Use and Tax Base Summary. The first attached "Land Use and Tax Base Summary" shows that Module 6 is currently comprised of approximately 44.3% residential uses, 53.1% non-residential uses (including commercial, mixed-use, institutional and agricultural uses) and 2.4% within the extraterritorial jurisdiction (ETJ). The proposed rezoning request will have an impact on the anticipated land uses in this module, increasing the residential component and decreasing the non-residential component. Estimated tax revenues in Module 6 are comprised of approximately 20.5% from residential uses and 79.5% from non-residential uses (including commercial, mixed-use, institutional and agricultural uses). Estimated tax revenues by type in Module 6 are comprised of approximately 36.3% ad valorem taxes and 63.7% sales and use taxes.
· The second attached "Land Use and Tax Base Summary" shows that Module 24 is currently comprised of approximately 1.3% residential uses, 31.2% non-residential uses (including commercial, mixed-use, institutional and agricultural uses) and 67.3% within the extraterritorial jurisdiction (ETJ). The proposed rezoning request will have an impact on the anticipated land uses in this module, increasing the residential component and decreasing the non-residential component. Module 24 is located almost entirely within the ETJ; as such, Ad Valorem Tax Revenue and Sales and Use Tax Revenue are not applicable at this time.
· On July 22, 2014 the Planning and Zoning Commission voted 6-0-0 to table the item indefinitely in order to give the applicant time to work with Staff to address the Commission's concerns. At the meeting, three residents spoke in opposition to the request expressing concerns with maintenance of existing easements on the property and the proximity of residential uses to the airport (see attached PZ Minutes 07.22.14).
· On September 9, 2014, the Planning and Zoning Commission voted 7-0-0 to close the public hearing and table the item indefinitely per the applicant's request.
· Prior to the October 28, 2014 Planning and Zoning Commission meeting, the applicant revised the rezoning request to increase the area for commercial uses from approximately 6 acres to approximately 13 acres, in response to the Commission's discussion on July 22, 2014.
· At the October 28, 2014 Planning and Zoning Commission meeting, an additional letter of opposition was passed out to the Commission, rescinding a previous letter of support (see Attachments).
· An additional letter of opposition was submitted to Staff prior to the November 18, 2014 City Council meeting.
· At the November 18, 2014 City Council meeting, several residents spoke in opposition to the rezoning request (see attached minutes). The City Council voted to table the proposed rezoning request indefinitely to give the applicant time to consider the effects of the airport adjacency and compatibility with the proposed single family residential uses.
· Since the November 18, 2014 City Council meeting, the applicant has submitted two Determination of No Hazard letters from the Federal Aviation Administration (FAA) which have been attached.
· At the April 7, 2015, Council voted to table the item to the next available meeting per the applicant's request, in order to revise the rezoning request to a "PD" - Planned Development District. The proposed planned development regulations incorporate several new provisions, including requiring an 8' tall precast masonry wall along the western property line adjacent to Aero Country Airport, limiting the homes adjacent to the wall to 31 feet in height, and establishing architectural standards for the single family homes. Additionally, the applicant has included a provision that requires all future homeowners of the lots adjacent to the western property line wall (adjacent to the airport) to be provided with a disclosure letter informing them of the airport's adjacency; however, Staff has no way of ensuring that this can be accomplished at the time of sale.
BACKGROUND INFORMATION:
· Please see attached Planning and Zoning Commission meeting Staff report.
FINANCIAL SUMMARY:
· Please see attached Planning and Zoning Commission meeting Staff report.
BOARD OR COMMISSION RECOMMENDATION:
· On October 28, 2014, the Planning and Zoning Commission voted 7-0-0 to recommend approval of the proposed rezoning request per the applicant's request.