Title
Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “PD” - Planned Development District to “PD” - Planned Development District, Generally to allow for Single Family Residential and Commercial Uses and to Modify the Development Standards, Located Approximately 265 Feet North of Plateau Drive and on the East Side of State Highway 5 (McDonald Street), 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, 2021
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 rezoning request due to concerns regarding the residential use and the proposed space limits.
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: September 7, 2021 (Original Application)
December 1, 2021 (Revised Submittal)
December 20, 2021 (Revised Submittal)
ITEM SUMMARY: The applicant is requesting to rezone approximately 17.97 acres of land, generally for single family and commercial uses. Currently this site is zoned “PD” - Planned Development District with base zoning districts of “O” - Office District, “BG” - General Business District, and “ML” - Light Manufacturing District. The applicant has submitted this zoning request to allow for single family uses and to modify the development standards. 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 due to zoning notification signs not being posted on the subject property in the timeframe required by the zoning ordinance.
EXISTING ZONING AND LAND USES:
|
Location |
Zoning District (Permitted Land Uses) |
Existing Land Use |
|
Subject Property |
“PD” - Planned Development District Ordinance No. 2005-01-004 (Commercial and Industrial Uses) |
Undeveloped Land |
|
North |
“BG” - General Business District (Commercial Uses) and “PD” - Planned Development District Ordinance No. 2005-01-004 (Commercial and Industrial Uses) |
Texas Department of Transportation |
|
South |
“PD” - Planned Development District Ordinance No. 2002-08-079 (Commercial and Residential Uses) |
Grand Brook Memory Care of McKinney, Harbor Chase of McKinney, and Country Lane Seniors Community |
|
East |
““AG” - Agricultural District (Agricultural Uses) |
Undeveloped Land |
|
West |
“PD” - Planned Development District Ordinance No. 2021-02-013 (Multi-Family Residential Uses) |
Undeveloped Land |
PROPOSED ZONING: The applicant is requesting to rezone the subject property generally for single family residential uses and to modify the development standards, as further described below.
Tract A (3.3 acres)
• Commercial Uses
o Currently, this tract is zoned “PD” - Planned Development District with base zoning districts of “O” - Office District and “BG” - General Business District with modified permitted uses.
o The applicant proposes to allow the same uses that are permitted within the current zoning. A complete list of the allowed uses is attached to this staff report for your reference.
• Space Limits
o The current zoning on this tract follows the space limit requirements for ““O” - Office District with a maximum height of 35 feet, a minimum front yard of 30 feet, and a minimum side yard at corner of 25 feet.
o The applicant is proposing to follow the space limit requirements that is included in the current zoning on the subject property. A complete list of the space limits is attached to this staff report for your reference.
Tract B (14.6 acres)
• Residential Uses and Standards
o Currently, the property is zoned “PD” - Planned Development District with base zoning districts of “O” - Office District, “BG” - General Business District, and “ML” - Light Manufacturing District.
o The applicant is proposing to allow for single family (detached), single family (attached), and two family dwelling (duplex) on this tract with the following reduced lot standards from the city’s typical requirements:
|
Development Standards - TRACT B |
sINGLE fAMILY (dETACHED) |
sINGLE fAMILY (atTACHED) |
tWO fAMILY dwelling (duplex) |
|
Minimum Lot Area |
3,000 SF |
1,800 SF |
5,000 SF |
|
Minimum Lot Width |
30' |
22' |
50' |
|
Minimum Lot Depth |
70' |
80' |
80' |
|
Minimum Front Yard BUILDING Setback |
|
|
|
|
1. Primary FaCAde of the house |
15' build-to line |
15' |
20' |
|
2. BALCONIES, COVERED porchES, sTOOPS, or similar structureS |
Encroach up to 5’ |
|
|
|
Minimum Rear Yard Setback |
20’ |
20’ |
20’ |
|
Minimum Side Yard Setback |
|
|
|
|
1. Interior side yard |
5' |
10’ building separation |
5' |
|
2. Interior side yard-zero lot line combination * |
1'-6' * |
|
|
|
3. Side yard AT CORNER |
15' |
10' |
10' |
|
Maximum Height of Structure |
42' |
35' |
35' |
|
* Setback determined at time of preliminary-final platting, must have 6' building separation |
Although Staff is supportive of the commercial uses proposed on Tract A, we are not supportive of the proposed single family residential uses on Tract B because such uses would not align with the Professional Center placetype as designated by the Comprehensive Plan for this tract. While uses not in strict conformance with the Comprehensive Plan may still be considered appropriate in some locations, this property is currently zoned for commercial uses that generally align with the Professional Center placetype.
In 2019, the city-initiated rezoning of approximately 40 acres just north of the subject property in order to bring non-conforming zoning into alignment with the Professional Center placetype and vision of this area set forth in the comprehensive plan. Staff fears that introducing single family residential uses on Tract B impacts the city’s opportunity to realize the vision for this area as part of the ONE McKinney 2040 Comprehensive Plan and the previous efforts taken to realize commercial potential.
Furthermore, Staff fears that introducing single family residential uses on the subject property might create an isolated neighborhood in an area that is otherwise envisioned for more intensive non-residential uses. A similar condition exists on a northern segment of State Highway 5 where a single family residential neighborhood was introduced on the east side of the roadway in an area otherwise planned for non-residential uses. Since its development, the city has received continued concerns from those residents for things ranging from commercial and industrial truck traffic, noise, the provision and proximity of resident services, and a general sentiment of feeling isolated from other residential neighborhoods.
Staff also has concerns with the proposed space limits and lot standards for the singe family residential uses. Although reduced space limits and lot standards may be appropriate in some locations, the applicant’s proposed standards are typically seen in more urban environments. The subject property is on the east side of State Highway 5 where the existing built environment is not inherently urban.
Staff also has significant concerns as to whether or not a quality single family development could successfully develop in compliance with the city’s development, engineering, and fire requirements on this tract. In particular, staff has concerns about the ability to:
- Provide two points of required access for emergency services.
- Provide residential streets that meet the tangent requirements of the engineering design manual and are not long and straight.
- Provide the required front yard canopy tree within the reduced front yard setback and proposed encroachments.
Although site design is not inherently a zoning issue, Staff feels that the number of site-related concerns on this tract are such that an informational layout or concept plan should be provided to better ensure the developability of the site, should the rezoning request ultimately be approved.
With these things in mind, Staff recommends denial of the 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 Southgate 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 Southgate 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 rezoning request to “PD” - Planned Development District with residential uses in Tract B does not align with the Professional Center placetype designation of the Southgate District. The intent of the Professional Center placetype is to generally provide opportunities for small general offices, as well as larger employment uses such as corporate headquarters, institutional facilities and medical campuses. Based on the proposal for residential uses, it is Staff’s professional opinion that the request is not compatible with the Professional Center placetype.
• Fiscal Model Analysis: The attached fiscal analysis shows a positive fiscal benefit for the subject property. The proposed rezoning is anticipated to generate approximately $350,000 in revenues. It is important to note that the existing zoning on the subject property has the potential to generate approximately $1 million.
OPPOSITION TO OR SUPPORT OF REQUEST: Staff has received no letters of support or in opposition to the request.
BOARD OR COMMISSION RECOMMENDATION: On January 25, 2022, the Planning and Zoning Commission voted 5-2-0 to recommend approval of the proposed rezoning request.