File #: 22-0145Z2    Name: Carlisle-Virginia MF Rezone
Type: Ordinance Status: Public Hearing
In control: City Council Regular Meeting
On agenda: 3/7/2023 Final action:
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, Located on the Northeast Corner of Carlisle Street and Virginia Parkway, and Accompanying Ordinance
Attachments: 1. PZ Minutes 02.14.pdf, 2. Location Map and Aerial Exhibit, 3. Letter of Intent, 4. Comprehensive Plan Maps, 5. Established Community District, 6. Placetype Definitions, 7. Fiscal Analysis, 8. Land Use Comparison Table, 9. Ex. PD Ord. No. 2022-02-024, 10. Proposed Ordinance, 11. Exhibits A-D, 12. Presentation
Related files: 21-0006Z4, 22-0145Z

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, Located on the Northeast Corner of Carlisle Street and Virginia Parkway, 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:                     March 7, 2023

 

DEPARTMENT:                      Development Services - Planning Department

 

CONTACT:                        Jennifer Arnold, AICP, Director of Planning

                     Caitlyn Strickland, Planning Manager

                     Jake Bennett, Planner I

 

RECOMMENDED CITY COUNCIL ACTION: Staff recommends denial of the proposed rezoning request due to concerns regarding the proposed density.

 

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 subject to the following special ordinance provision:

 

a.                     The subject property shall develop in accordance with the attached development regulations.

 

APPLICATION SUBMITTAL DATE:                     December 12, 2022 (Original Application)

                                                                                                                              January 27, 2023 (Revised Submittal)

                                                                                                                              February 1, 2023 (Revised Submittal)

 

ITEM SUMMARY:  The applicant is requesting to rezone approximately 5.083 acres of land, generally for multi-family uses. More specifically, the proposed rezoning request modifies the maximum height and density of multi-family residential units on the subject property.

 

EXISTING ZONING AND LAND USES:

 

Location

Zoning District (Permitted Land Uses)

Existing Land Use

Subject Property

“PD” - Planned Development District (Multi-Family Uses)

Undeveloped Land

North

“RD30” - Duplex Residence District (Residential Uses)

Grace Fellowship Church

South

“PD” - Planned Development District Ordinance No. 2001-08-089 (Residential Uses) and “PD” - Planned Development District Ordinance No. 2005-05-050 (Office Uses)

Revolution Church and Undeveloped Land

East

“RG18” - General Residence District (Residential Uses)

Stonegate Apartments and Virginia Oaks Apartments

West

“PD” - Planned Development District Ordinance No. 2001-03-035 (Residential Uses)

Our Savior Lutheran Church and Undeveloped Land

 

PROPOSED ZONING:  The applicant is requesting to rezone the subject property generally for multi-family residential uses.

 

Residential Uses

 

                     Currently, the property is zoned “PD” - Planned Development District and permits several residential uses, including multi-family residential uses.

 

                     With the rezoning request, the applicant proposes to scale back several of the residential uses on the property; however, desires to keep the multiple family residential, senior independent living, and assisted living facility uses.

 

Density

 

                     The current zoning allows a maximum density of 24 units per acre and120 units.

 

                     The applicant proposes to increase the density to a maximum of 34 units per acre and 172 units.

 

                     The newly adopted Unified Development Code (UDC) includes a modernized multi-family zoning district that has a maximum density of 30 units per acre (“MF30” - Multiple Family District).

 

                     The newly established “MF30” - Multiple Family District and associated density was designed to allow for development of traditional, non-urban multi-family projects in McKinney. The density of 30 units per acre was established by looking at recently approved/completed multi-family projects in McKinney and by looking at standard multi-family zoning districts in comparable cities in Collin County. For reference, typical traditional, non-urban multi-family densities in McKinney range from 22 to 28 units per acre. Whereas, recently approved/completed urban multi-family projects such as Collin Square, Parkside, and Ballfields range between 35 to 65 units per acre. 

 

                     Given the recently adopted UDC, Staff is not comfortable supporting the proposed density of 34 units per acre. The proposed multi-family project is not urban in nature and the increase in density may result in a development footprint that is not compatible with the lower intensity residential and commercial developments that currently exist in the area.

 

Height

 

                     The applicant is requesting a maximum building height of 4 stories, not to exceed 55 feet.

 

                     The existing development patterns of the surrounding area, which include lower intensity residential and commercial uses, include maximum building heights of 35 feet and two stories.

 

                     Staff has concerns about the proposed height at this location due to the much lower heights of the existing buildings in the immediate vicinity.

 

Landscaping

 

                     Generally, all multi-family developments are required to provide a 20-foot landscape buffer along all rear and side property lines.

 

                     The current zoning allows for a landscape buffer of 10 feet along the side and rear property lines. The applicant is not proposing to modify the landscape buffer.

 

                     As an infill location with non-residential and existing multi-family uses surrounding the subject property, Staff has no objections to proposed 10-foot landscape buffer.

 

Parking

 

                     For multi-family developments, the Unified Development Code (UDC) requires two parking spaces per dwelling unit, with a minimum of 30% enclosed spaces.

 

                     The current zoning on the property requires 1.5 parking spaces per unit, plus one covered parking space for 50% of the units. The applicant is not proposing to modify the parking requirements.

 

Exceptional Quality

 

                     Per Section 206G of the Unified Development Code (UDC), a minimum number of amenities for multi-family developments are required based on the number of units. The maximum density of the proposed zoning would permit up to 172 units, which would typically require a minimum of three amenities. As a provision of exceptional quality, the applicant is proposing a minimum of four amenities.

 

Unfortunately, Staff is unable to support the rezoning request.

 

The subject property was recently rezoned in February 2022. As part of the 2022 rezoning, the applicant originally proposed a mix of commercial and multi-family uses with a density of 34 units per acre and a maximum building height of 4 stories (55-ft). However, there was concern by Staff, the Planning and Zoning Commission and the City Council regarding the proposed density and 4-story building height. The Commission and Council both favored the idea of eliminating the required commercial areas to allow for multi-family development across the site at lower densities and building heights.

 

With the applicant’s concurrence, the Council ultimately approved the 2022 zoning with the stipulation that required commercial uses be removed, residential densities be reduced to 24 units per acre, and maximum building heights be limited to 3 stories.

 

Given the recently adopted UDC, and the concerns raised by Staff, the Planning and Zoning Commission and City Council in 2022 regarding higher densities and building heights on the subject property, Staff recommends denial of support the 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 Established Community 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 Established Community 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 request for multi-family uses does not strictly align with the Professional Center Placetype. However, multi-family uses are already permitted on the subject property. These residential uses provide additional housing opportunities and is compatible with the adjacent multi-family developments to the east of the subject property. Furthermore, we feel comfortable that the project’s travel and infrastructure demands can be accommodated by the planned transportation and infrastructure network.

 

                     Fiscal Model Analysis: The attached fiscal analysis shows a potential overall deficit of $24,789 for the 5-acre property. However, the proposed rezone would allow the subject property to account for 0.5% of the estimated total dwelling units for the entire Established Community District.

 

OPPOSITION TO OR SUPPORT OF REQUEST:  Staff has received no letters of support to this request and no letters of opposition. This does not include emails or letters that may have been sent directly to members of the Council or Commission. As part of the Planning and Zoning Commission Public Hearing, Staff has not received any comments through the online comment portal.

 

BOARD OR COMMISSION RECOMMENDATION: On February 14, 2023, the Planning and Zoning Commission voted 6-1-0 to recommend approval of the proposed specific use permit.