File #: 20-0080Z2    Name: Burnside Rezone
Type: Ordinance Status: Public Hearing
In control: City Council Regular Meeting
On agenda: 4/20/2021 Final action:
Title: Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from "PD" - Planned Development District, "RS 60" - Single Family Residence District and "TMN" - Traditional McKinney Neighborhood Overlay District to "PD" - Planned Development District and "TMN" - Traditional McKinney Neighborhood Overlay District, to Allow for Commercial and Industrial Uses and to Modify the Development Standards, Located on the Southwest corner of Coleman Street and Berry Avenue, and Accompanying Ordinance
Attachments: 1. Draft PZ Minutes 03.23.pdf, 2. Location Map and Areial Exhibit, 3. Letter of Intent, 4. Comprehensive Plan Maps, 5. Town Center District, 6. Placetype Definitions, 7. Fiscal Analysis, 8. Land Use Comparison Table, 9. Existing PD Ord. No. 1460, 10. Proposed Ordinance, 11. Proposed Exhibits A-D, 12. Proposed Layout - Informational Only, 13. Presentation
Related files: 20-0080Z

Title

Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “PD” - Planned Development District, “RS 60” - Single Family Residence District and “TMN” - Traditional McKinney Neighborhood Overlay District to “PD” - Planned Development District and “TMN” - Traditional McKinney Neighborhood Overlay District, to Allow for Commercial and Industrial Uses and to Modify the Development Standards, Located on the Southwest corner of Coleman Street and Berry Avenue, 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:                     April 20, 2021

 

DEPARTMENT:                      Development Services - Planning Department

 

CONTACT:                       Jennifer Arnold, AICP, Director of Planning

                     Caitlyn Strickland, Planning Manager

                     Kaitlin Gibbon, Planner II

 

RECOMMENDED CITY COUNCIL ACTION: Staff recommends denial of the proposed rezoning request due to a lack of conformance with the Comprehensive Plan.

 

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:                     August 18, 2020 (Original Application)

                                                                                                                              January 22, 2021 (Revised Submittal)

                                                                                                                              March 3, 2021 (Revised Submittal)

                                                                                                                              

ITEM SUMMARY:  The applicant is requesting to rezone approximately 1.051 acres of land, generally to allow for commercial and industrial uses.

 

EXISTING ZONING AND LAND USES:

 

Location

Zoning District (Permitted Land Uses)

Existing Land Use

Subject Property

“RS 60” - Single Family Residence District and “PD” - Planned Development District Ordinance No. 1460 (4-plex Residential Uses)

Undeveloped Land

North

“BG” - General Business District

La Michoacana, Texas Tool Traders, Queen Nails, A-Max Auto Insurance

South

“RS 60” - Single Family Residence District

Single Family Residences

East

“BG” - General Business District

Burnside Air Conditioning, Heating and Indoor Air Quality, American Inn, and Single Family Residence

West

“RS 60” - Single Family Residence District

Single Family Residences

 

PROPOSED ZONING:  The applicant is requesting to rezone the subject property generally for commercial and industrial uses and to modify the development standards, as further described below.

 

                     Commercial and Industrial Uses

 

o                     Currently, the property is zoned “RS 60” - Single Family Residence District and “PD” - Planned Development District for 4-plex residential uses. The applicant proposes to rezone the property to “PD” - Planned Development District with a base zoning of “C-1” - Neighborhood Commercial District with an additional allowed warehouse use. 

 

o                     Staff has concerns with the requested rezoning, predominately due to the proposed warehouse use. Given its location on an already established residential block and the distinct separation and pattern of the commercial developments along U.S. Highway 380 from this property, Staff feels that the encroachment of the proposed warehouse on the subject property lacks compatibility with the residential homes to the south and the existing neighborhood block. The proposed zoning request also does not align with the Historic Town Center - Residential placetype designated in the comprehensive plan.

 

With “PD” - Planned Development District requests, projects must provide a feature(s) to ensure exceptional quality or demonstrate innovation. The applicant is proposing to increase the required street yard landscape areas from 15% to 20%, increase the requirement to have a minimum of 10% of the entire site devoted to living landscaping to 15%, increase the required canopy tree planting spacing along Coleman Street and Sherman Street from every 40 linear feet to 30 linear feet, increase the required canopy tree planting spacing along the property line adjacent to a single family use from every 40 linear feet to 30 linear feet, and to provide an earthen berm at a slope not to exceed 4 to 1 along the entire southern boundary.

 

Staff appreciates the applicant’s proposal and enhancements for the site; however, the proposed commercial and added warehouse use does not align with the placetype of Historic Town Center - Residential as designated by the Comprehensive Plan for the subject property. While uses not in strict conformance with the Comprehensive Plan may be appropriate in some locations, this property is part of an already established residential block. Berry Avenue serves as a distinct line separating the residential uses to the south and the commercial properties to the north that front directly onto U.S. Highway 380. Although the attached concept plan is for informational purposes only, staff also has concerns with the location of the proposed dumpster directly adjacent to the side yard of an existing single family home.  Given these factors, Staff is unable to support the rezoning request.

 

Separate from this rezoning request, it should be noted that there are on-going code enforcement issues on the subject property. The requested zoning is a result of the enforcement items to bring the existing non-conforming uses and site features into compliance. Irrespective of the rezoning request, enforcement/compliance efforts will be necessary on the subject property.

 

CONFORMANCE TO ONE MCKINNEY 2040: A key aspect of the ONE McKinney 2040 Comprehensive Plan is to provide direction related to the desired development patterns and to inform decisions related to the timing and phasing for future infrastructure investments in the City. To assist in guiding these decisions, the Preferred Scenario and series of Land Use Diagrams establish distinctive districts, each with a clear intent and market focus that are reinforced through character-defining placetypes. 

 

Per the Preferred Scenario, the subject property is located in the Town Center District and is designated as the ‘Historic Town Center - Residential’ placetype. Other placetypes included in this district are Historic Town Center Downtown, Historic Town Center Mix, Commercial Center, Neighborhood Commercial, and Professional Center.

 

                     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 “private development, public investments, and community engagement support the people of McKinney by making available housing options and neighborhood choices that are accessible, attainable and appealing to people at all stages of their lives.”

 

                     Land Use Diagram Compatibility: In evaluating development requests, the City should determine that a project aligns with the placetype designation on the Land Use Diagram to be considered compatible with the Comprehensive Plan.

 

Projects that do not align with the placetype designation may still be considered compatible with the Comprehensive Plan if the proposed project is found to meet a majority of the established design-making criteria below:

 

The project should:

 

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 a base zoning of “C-1” - Neighborhood Commercial District with an additional allowed warehouse use does not align with the Historic Town Center - Residential placetype designation of the Town Center District. The intent of the Historic Town Center - Residential placetype is to generally provide a mix of different single family housing types to the areas surrounding downtown. Based on the proposal for commercial and industrial uses, it is Staff’s professional opinion that the request does not satisfy enough of the decision  making criteria to be considered compatible with the Land Use Diagram of the Comprehensive Plan or the Historic Town Center - Residential placetype.

 

                     Fiscal Model Analysis: The attached fiscal analysis shows a positive fiscal benefit of approximately $44,000 for the 1.05 acre property and would contribute to achieving an overall fiscal balance in the city.

 

OPPOSITION TO OR SUPPORT OF REQUEST:  Staff has received no letters of support or opposition to this request.

 

BOARD OR COMMISSION RECOMMENDATION: On March 23, 2021, the Planning and Zoning Commission voted 6-1-0 to recommend approval of the proposed rezoning request per the applicant’s request.