Title
Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “ML” - Light Manufacturing and “RG-18” - General Residence District to “PD” - Planned Development District to Allow for Multi-Family, Live/Work and Retail Mixed Uses, Generally Located on the Southwest Corner of U.S. Highway 380 (University Drive) and Throckmorton Street, and Accompanying Ordinance
Summary
COUNCIL GOAL: Direction for Strategic and Economic Growth
MEETING DATE: December 5, 2017
DEPARTMENT: Planning
CONTACT: Matt Robinson, AICP, Planning Manager
Brian Lockley, AICP, CPM, Director of Planning
RECOMMENDED CITY COUNCIL ACTION: Staff recommends denial of the proposed rezoning request due to non-conformance with the City’s Future Land Use Plan and Multi-Family Policy.
However, the applicant is requesting approval of the following special ordinance provision:
1. The subject property shall be zoned “PD” - Planned Development District and shall be subject to the following special ordinance provision:
a. The subject shall be developed in accordance with the attached development regulations and concept plan.
PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission recommended approval of the applicant’s request (5-2) at the November 14, 2017 meeting.
APPLICATION SUBMITTAL DATE: September 26, 2016 (Original Application)
October 17, 2016 (Revised Submittal)
November 14, 2016 (Revised Submittal)
November 28, 2016 (Revised Submittal)
October 6, 2017 (Revised Submittal)
November 1, 2017 (Revised Submittal)
ITEM SUMMARY: The applicant is requesting to rezone approximately 12.753 acres of land from “ML” - Light Manufacturing and “RG-18” - General Residence District to “PD” - Planned Development District, generally to allow for a mix of multi-family, live/work and retail uses.
At the February 14, 2017 Planning and Zoning Commission meeting the Commission voted 6-0-0 to close the public hearing and table the item indefinitely per the applicant’s request.
On January 24, 2017, the Planning and Zoning Commission voted 6-0-0 to table the item and continue the public hearing to the February 14, 2017 Planning and Zoning Commission meeting per the applicant’s request.
On December 13, 2016, the Planning and Zoning Commission voted 7-0-0 to table the item per the applicant’s request.
ZONING:
|
Location |
Zoning District (Permitted Land Uses) |
Existing Land Use |
|
Subject Property |
“ML” - Light Manufacturing (Industrial Uses) and “RG-18” - General Residence District (Multi-Family Residential Uses) |
Undeveloped Land |
|
North |
“ML” - Light Manufacturing (Industrial Uses) |
Watson Chalin Manufacturing |
|
South |
“RG-18” - General Residence District (Multi-Family Residential Uses) |
McKinney Housing Authority |
|
East |
“PD” - Planned Development District (Retail and Service Uses) “RG-18” - General Residence District (Multi-Family Residential Uses) |
McKinney Fellowship Group, and Single-Family Residences |
|
West |
“ML” - Light Manufacturing (Industrial Uses) |
Undeveloped Land |
PROPOSED ZONING: The applicant is requesting to rezone approximately 12.753 acres of land from “ML” - Light Manufacturing and “RG-18” - General Residence District to “PD” - Planned Development District, generally to allow for a mix of multi-family, live/work and retail uses. The governing zoning districts primarily allow for industrial and high density residential uses in accordance with Section 146-90 (“ML” - Light Manufacturing District) and Section 146-78 (“RG-18” - General Residence District) of the Zoning Ordinance. The applicant has indicated their intent to develop the subject property with a mixture of multi-family apartments, live/work dwellings and retail uses.
The applicant has provided a generic concept plan that consists of two development tracts. This was done in lieu of a more detailed concept plan being done due to a floodplain study needing to be done on the property to establish development limits. Tract 1 is located along U.S. Highway 380 and is proposed to have at least one (1) retail mixed-use building (ground floor retail/commercial uses and upper floors multi-family uses) that includes a minimum of 12,000 square feet of ground floor space limited to retail/commercial uses and one (1) live/work building containing four (4) ground floor units designed and constructed as live/work. The remainder of Tract 1 is to be comprised of upper floors of multi-family uses. Tract 2 is located along Throckmorton Street and is proposed to consist solely of multi-family uses.
In general, development of the property will be in accordance with standards of MF-3 - Multiple Family Residential Medium High Density District. As part of the proposed development regulations, the applicant has requested deviations from the zoning ordinance requirements related to the maximum building height for multi-family buildings (from 2-stories to 3-stories), enclosed parking spaces (to not require any enclosed spaces), vehicular parking (establishing a parking ratio of 1.7 parking spaces per residential unit as opposed to 1 parking space per unit and 0.5 space per bedroom), and eliminating the perimeter fencing around Tract 1.
The purpose of a “PD” - Planned Development zoning district is to provide for the unified and coordinated development of parcels or tracts of land with flexibility in land use and development standards. However, in order to modify or vary from the provisions of the zoning ordinance, the “PD” must demonstrate a level of exceptional quality or innovation for the development. The applicant has stated as their provisions of exceptional quality that the exterior elevations of each multi-family building in Tract 2 will be finished with at least 65% masonry and that 50% of the multi-family units within Tract 2 will have separate ground floor entrances that eliminate exterior stairways and breezeways. In addition, the development is proposed to contain an internal trail system adjacent to both sides of the floodway that separates Tract 1 and 2 consisting of a decomposed granite trail with a minimum width of eight (8’) feet and extending no less than 600 linear feet.
In Staff’s opinion the proposed rezoning request does not provide for enough retail/commercial development to be truly meaningful. In addition, Staff has concerns about incorporating multi-family uses with limited amounts of commercial and retail use along this portion of U.S. Highway 380 due to the existing developed industrial uses and the established light industrial zoning along this corridor. Additionally, the proposed rezoning request is not in conformance with the Future Land Use Plan which calls for Light Manufacturing Uses along U.S. Highway 380. Given these concerns, Staff recommends denial of the proposed rezoning request.
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Future Land Use Plan (FLUP) designates the subject property for Light Manufacturing and Residential High Density uses. The FLUP modules diagram designates the subject property as Town Center within a significantly developed area. The Comprehensive Plan lists factors to be considered when a rezoning is being considered within an undeveloped area:
• Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally not in conformance with the goals and objectives of the Comprehensive Plan, particularly “Land Use Compatibility and Mix,” specifically through the objective of “land use patterns that complement one another.”
While Staff recognizes a large portion of the subject property is currently zoned for multi-family uses, the addition of multi-family uses along U.S. Highway 380 is a concern given the existing developed light industrial uses and established “ML” - Light Industrial zoning along the corridor.
• Impact on Infrastructure: The proposed rezoning request may have an impact on the existing and planned water, sewer and thoroughfare plans in the area since the land use would change from office to residential uses.
• Impact on Public Facilities/Services: The proposed rezoning request should have an impact on public facilities and service, such as schools, fire and police, libraries, parks and sanitation services, as the land use on a portion of the property will change from industrial uses to additional residential uses requiring additional public services.
• Compatibility with Existing and Potential Adjacent Land Uses: The properties located adjacent to the subject property are zoned and/or used for industrial/manufacturing uses, multi-family uses and single family residential uses. In general, the multi-family uses are compatible with the existing residential uses to the south and east, however Staff has concerns about the viability of retail development and the compatibility of the proposed residential uses along U.S. Highway 380 (University Drive) given the existing industrial uses and “ML” - Light Industrial Zoning along the corridor.
• Land Use and Tax Base Summary: Module 55 is currently comprised of approximately 52% residential uses and 48% non-residential uses (including institutional and agricultural uses). The proposed rezoning request will have an impact on the anticipated land uses in this module. Estimated tax revenues in Module 55 are comprised of approximately 47.5% from residential uses and 52.4% from non-residential uses (including agricultural uses). Estimated tax revenues by type in Module 55 are comprised of approximately 62.2% ad valorem taxes and 37.8% sales and use taxes.
• Concentration of a Use: The proposed rezoning request should not result in an over concentration of residential land uses in the area.
CONFORMANCE TO THE MULTI-FAMILY POLICY: The current multi-family policy was adopted by City Council in May of 2015. In reviewing requests to rezone property for multi-family uses, Staff evaluates the request for conformance to the policy criteria listed in the Comprehensive Plan.
Multi-family developments serve an important function in McKinney. Multi-family developments function as housing for young professionals who are not ready to own homes, as well as housing for citizens who are relocated on a regular basis by their employer. Multi-family also provides housing for retirees who seek low maintenance living and, in some cases, they serve as affordable housing for those who cannot meet the expense of home ownership. While the City of McKinney recognizes the importance of multi-family land use, attention should be given to how it is developed. For this reason, the following are the design and location parameters that apply to multi-family developments in McKinney.
1. Multi-family developments shall be subject to architectural standards as provided for in Section 146-139 of the Zoning Ordinance.
2. Multi-family uses should not be located in large, high-density concentrations and clusters, but rather dispersed in small groupings around the city in a balanced manner that provides a mix of uses and densities.
3. Multi-family developments should generally be no greater in size than either 20 acres or 400 units.
4. Multi-family developments shall be located at major thoroughfare intersections rather than between intersections (i.e., not mid-block).
5. Multi-family uses shall be located on only one corner of a major intersection, unless they are constructed as part of a mixed-use vertical development.
6. New multi-family zoning shall not be located within 1,320 feet (one-quarter mile) of any other multi-family zoning district.
7. In each of the six planning sectors, the number of multi-family units generally should not exceed 10% of the total number of existing or estimated future residential housing units.
8. If the total estimated number of future residential multi-family units in a planning sector exceeds 10%, a new location should be proposed for rezoning. Staff will evaluate any new locations to determine whether a recommendation for an amendment to the future land use plan should be made.
9. Vertical mixed-use developments may be allowed even if multi-family housing in the sector exceeds 10% of the existing and zoned housing units, and shall not count towards the multi-family percentage. A vertical mixed-use area shall be defined as one with non-residential uses on the ground floor and in some cases lower floors, with residential uses on the upper floors. The City encourages the vertical mixing of rental units with other land uses.
10. Urban multi-family developments may also be allowed even if multi-family housing in the sector exceeds 10% of the existing and zoned housing units. For the purposes of this section, urban multi-family development shall mean a multi-family residential development which incorporates, at a minimum, the following urban design elements:
a. structured and/or tuck-under garage parking for no less than 80% of the total required parking for the development;
b. ground floor units adjacent to a public right-of-way are designed and constructed to permit commercial uses with a minimum 12 feet clear ceiling height;
c. meaningful, centrally located internal open spaces (parks, plazas, courtyards, and squares) offering public gathering areas; and
d. 10 foot wide public sidewalks adjacent to all public roadways.
At the time the Multi-Family Policy was adopted in 2015, all of the sectors of the City were above the allotted 10% and the applicant’s request to allow new multi-family zoning will only make these percentages increase. The Multi-Family Policy also states that if the Future Land Use Plan does not designate the property for multi-family, then the request will be recommended for denial. As such, the proposed rezoning request is not in conformance with the Multi-Family Policy and Staff recommends denial of the proposed rezoning request.
OPPOSITION TO OR SUPPORT OF REQUEST: Staff has received one comment stating no opposition to the request.