Title
Conduct a Public Hearing to Consider/Discuss/Act on the Request by Doug Parker, for Approval of a Request to Rezone Approximately 0.33 Acres from “BN” - Neighborhood Business District and “CC” - Corridor Commercial Overlay District to “PD” - Planned Development District and “CC” - Corridor Commercial Overlay District, to Allow a Digital Billboard, Located on the Southeast Corner of Rockhill Road and U.S. Highway 75 (Central Expressway), and Accompanying Ordinance.
Summary
MEETING DATE: May 15, 2012
DEPARTMENT: Development Services - Planning
CONTACT: Jennifer Cox, AICP, Director of Planning
Brandon Opiela, Senior Planner
RECOMMENDED CITY COUNCIL ACTION:
• Staff recommends denial of the proposed rezoning request due to a lack of conformance with the City of McKinney’s Comprehensive Plan, specifically to provide “Attractive Urban Design Elements” through the stated objective of “US 75 as an attractive corridor through appropriate urban design” and “Land Use Compatibility and Mix” through the stated objective of “Land use patterns that complement one another.”
• Section 146-164 of the Zoning Ordinance states that if the Planning and Zoning Commission recommends denial of a requested zoning change, the request may only be approved by City Council with a favorable vote of three-fourths (3/4) of all members of the Council (6 members). Therefore, due to the Planning and Zoning Commission’s recommendation of denial, a favorable vote from six Council members is required to approve the requested change.
• At the May 1, 2012 City Council meeting, City Council continued the public hearing and tabled the item to the May 15, 2012 meeting per the applicant’s request. It should also be noted that a number of residents submitted speaker cards and/or spoke in opposition to the item during the public hearing at the May 1, 2012 meeting.
ITEM SUMMARY:
• The applicant is proposing to rezone the subject property from BN” - Neighborhood Business District and “CC” Corridor Commercial Overlay District to “PD” - Planned Development District and “CC” Corridor Commercial Overlay District generally to allow a digital billboard sign. The request proposes to modify the allowed use on the property, increase the maximum allowed effective sign area, and reduce the required minimum distances between adjacent buildings so that the billboard sign may be permitted on the subject property.
• The applicant is proposing an approximately 35’ tall and approximately 38’ wide digital billboard sign and support structure. The lower portion of the billboard’s support structure is proposed to be stone clad and the remaining portion of the structure is proposed to be covered with a pre-cast concrete casing. Both sides of the proposed billboard will have an LED screen with an effective sign area of 378 square feet (10.5’ tall x 36’ wide) on each side.
• The applicant has indicated that the billboard will not be animated, flash, travel, blink, fade or scroll, and will transition through multiple static images/advertisements, displaying each image for a total of eight (8) seconds before switching to the next.
• At the April 10, 2012 Planning and Zoning Commission meeting, a number of residents voiced their opinions both in support and opposition of the request (see attached minutes).
• Staff has received 24 emails in opposition and one email in support of the rezoning request, as well as safety studies provided by the applicant, which have been attached to this item.
• Staff is of the opinion that the proposed signage is not appropriate given the existing zoning designation on the subject property (“BN” - Neighborhood Business District) and the reduction in signage standards necessary to allow the proposed billboard. Staff is also concerned that approval of this request may lead to additional similar requests from other commercial properties along the U.S. Highway 75 corridor.
• The U.S. Highway 75 corridor is our City’s gateway from the north and south and Staff is of the opinion that the proposed rezoning request is in conflict with the Goals and Objectives of the Comprehensive Plan and feels the proposed billboard will not contribute to the attractiveness of the U.S. 75 corridor nor will the size of the proposed signage complement the surrounding and adjacent properties.
BACKGROUND INFORMATION:
• On April 26, 2011, this case was originally presented to the Planning and Zoning Commission requesting approval of a larger 43’ tall and approximately 50’ wide digital billboard sign and support structure. The previous request proposed a billboard with an effective sign area of 672 square feet (14’ tall x 48’ wide), with vinyl graphics on one side and a LED screen on the opposite side that rotated through a total of eight (8) advertisements, displaying each image/advertisement for a total of eight (8) seconds before switching to the next. The Planning and Zoning Commission voted unanimously to recommend denial of the request, and was subsequently tabled prior to being heard by the City Council.
FINANCIAL SUMMARY:
• N/A
BOARD OR COMMISSION RECOMMENDATION:
• On April 10, 2012, the Planning and Zoning Commission voted 4-3 to recommend denial of the proposed rezoning request as recommended by Staff. Commission Members Franklin, Kochalka, and Hilton voted against the motion.