Title
Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “RS-120” - Single Family Residential District to "PD" - Planned Development District, Generally for Single Family Uses and to Modify the Development Standards, Located at 616 Finch Avenue
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 proposed reductions in residential lot standards and the proposed setbacks for accessory dwelling units.
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: October 18, 2021 (Original Application)
December 16, 2021 (Revised Submittal)
ITEM SUMMARY: The applicant is requesting to rezone approximately 0.62 acres of land, generally for single family residential uses. More specifically, the proposed rezoning request modifies the setback requirements for accessory dwelling units on the subject property.
EXISTING ZONING AND LAND USES:
|
Location |
Zoning District (Permitted Land Uses) |
Existing Land Use |
|
Subject Property |
“RS-120” - Single Family Residential District (Residential Uses) |
Single Family Dwelling |
|
North |
“RS-120” - Single Family Residential District (Residential Uses) |
Single Family Dwelling |
|
South |
“RS-120” - Single Family Residential District (Residential Uses) |
Single Family Dwelling |
|
East |
“PD” - Planned Development District Ordinance No. 1385 (Residential Uses) |
Single Family Dwelling |
|
West |
“RS-120” - Single Family Residential District (Residential Uses) |
Single Family Dwelling |
PROPOSED ZONING: The applicant is requesting to rezone the subject property generally for single family residential uses and to modify the development standards for accessory dwelling units, as further described below.
• Residential Uses
o Currently, the property is zoned “R120” Single Family Residence District, which allows for single family residential uses and requires a minimum lot size of 12,000 square feet. There is currently an existing single family residential structure, covered patio and pool on the site.
o The applicant proposes to rezone the property to “PD” - Planned Development District with a base zoning district of “SF5” - Single Family Residential District, which would allow for single family residential uses and a minimum lot size of 5,000 square feet (with a mean and median lot size of 7,200 square feet).
o Staff has no objections to rezoning the subject property to allow for modified development standards for residential uses and accessory dwelling units; however, we are concerned that the “SF5” zoning district may not be appropriate given the character of the existing residential neighborhood.
o Finch Avenue is an established residential street that includes existing homes on lots larger than 15,000 square feet. In many cases, the lot sizes on this street are more than 18,000 square feet. Staff has concerns that rezoning the subject property with a base of SF5 would introduce the potential for a lot size that is significantly reduced from the existing street, thus potentially disrupting its character. Given that the lot and residential structure already exist on the site and are in conformance with the existing RS120 zoning, Staff recommends that the proposed lot standards be more comparable to what currently exists on the subject property, Finch Avenue, and the surround neighborhoods.
• Accessory Dwelling Units
o Under the current zoning ordinance, accessory dwelling units are limited to 600 square feet in size. The applicant is proposing to modify this requirement to allow an accessory dwelling that is no greater than 1,000 square feet in size. Staff has no objection to this request.
o Under the current zoning ordinance, accessory dwelling units are also required to follow the same setbacks as the main structure. With the current zoning on the subject property being “R120” Single Family Residence District, any proposed accessory dwelling unit would be required to observe a minimum 25-foot rear yard setback and a 10-foot side yard setback.
o With the “SF5” - Single Family Residential District a 15-foot rear yard setback and a minimum building separation of 10 feet between dwelling units would be required.
o The applicant is proposing to allow the accessory dwelling units to be within 3 feet from any side or rear property line.
o Staff has no objection to modifying the typical setback requirements for the proposed accessory dwelling unit and would be supportive of a 5’ rear yard setback given the existing development pattern and lot configuration(s) of the surrounding properties.
o However, Staff has concerns that the proposed 3’ side yard setback could create a conflict with ensuring adequate separation between buildings. More specifically, per the International Residential Code (IRC), residential structures are required to have a 5-foot set back from the property line or building to allow for minimum fire separation distance unless additional fire-resistant elements are in place.
The applicant has indicated the reason for the rezoning request is to allow an accessory dwelling unit on the southeast corner of the subject property. As stated above, Staff is supportive of rezoning the subject property to allow modified standards for accessory dwelling units. However, we have concerns that the proposed SF5 base zoning is not compatible or consistent with the existing built environment on and surrounding Finch Avenue.
Staff is also concerned with reducing the setback requirements to 3 feet within any rear or side property line for accessory dwelling units. Doing so would impact the accessibility around the proposed accessory dwelling unit for emergency services and general maintenance. This reduction could also impact the ability for the adjacent property owner to construct accessory structures on their property and maintain a sufficient building separation. Staff has found that the current language in the zoning ordinance to require accessory dwelling units to observe the same setbacks as the primary structure is compatible with surrounding communities. Staff has also reviewed the request against the work efforts underway as part of the New Code McKinney Initiative and has found that the requested 3’ setbacks are reduced from what is currently proposed in the new code. For your reference, a comparison table of the existing zoning, proposed zoning, New Code McKinney, and comparison cities is attached to this staff report.
With these things in mind, Staff recommends denial of the proposed rezoning request.
CONFORMANCE TO THE ONE MCKINNEY 2040 COMPREHENSIVE PLAN: 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 in the Town Center District and is designated as the Historic Town Center - Residential placetype.
Historic Town Center - Residential describes the established urban neighborhoods surrounding downtown. Medium-lot, single-family detached homes are the predominant use of land in this placetype. Attached residential structures, including townhomes, patio-homes, and duplexes, are less common but still a presence. Many of the community’s oldest and most historic homes are found here, requiring a layer of municipal protection so as to maintain their integrity and historic character.
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 plan’s established criteria to be considered compatible with the Land Use Diagram. The proposed rezoning request aligns with the Historic Town Center - Residential placetype of the Town Center District, is in conformance with the Land Use Diagram and should be compatible with the surrounding properties.
• Fiscal Model Analysis: A fiscal analysis has not been provided as this zoning request does not change the uses or density that is currently permitted on the subject property.
OPPOSITION TO OR SUPPORT OF REQUEST: Staff has received no letters of support or in opposition to the request.