Title
Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “RS-120” - Single Family Residential District to "PD" - Planned Development District, Generally for Single Family Uses and to Modify the Development Standards, Located at 616 Finch 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: February 15, 2022
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 approval of the proposed rezoning request with the following special ordinance provisions:
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.
It is worth noting that Staff originally presented a negative recommendation for this rezoning request at the January 25 Planning and Zoning Commission Meeting. However, at the Commission meeting the applicant modified the request to address many of the concerns presented by Staff. Based on the applicant’s proposed changes, Staff is now recommending approval of the request. More information is detailed in the staff report below.
APPLICATION SUBMITTAL DATE: October 18, 2021 (Original Application)
December 16, 2021 (Revised Submittal)
ITEM SUMMARY: The applicant is requesting to rezone approximately 0.62 acres of land, generally for single family residential uses. More specifically, the proposed rezoning request modifies the setback requirements for accessory dwelling units on the subject property.
EXISTING ZONING AND LAND USES:
|
Location |
Zoning District (Permitted Land Uses) |
Existing Land Use |
|
Subject Property |
“RS-120” - Single Family Residential District (Residential Uses) |
Single Family Dwelling |
|
North |
“RS-120” - Single Family Residential District (Residential Uses) |
Single Family Dwelling |
|
South |
“RS-120” - Single Family Residential District (Residential Uses) |
Single Family Dwelling |
|
East |
“PD” - Planned Development District Ordinance No. 1385 (Residential Uses) |
Single Family Dwelling |
|
West |
“RS-120” - Single Family Residential District (Residential Uses) |
Single Family Dwelling |
PROPOSED ZONING: The applicant is requesting to rezone the subject property generally for single family residential uses and to modify the development standards for accessory dwelling units, as further described below.
• Residential Uses
o Currently, the property is zoned “R120” Single Family Residence District, which allows for single family residential uses and requires a minimum lot size of 12,000 square feet. There is currently an existing single family residential structure, covered patio and pool on the site.
o When the agenda for the Planning and Zoning Commission was posted, the applicant was proposing to rezone the property to “PD” - Planned Development District with a base zoning district of “SF5” - Single Family Residential District, which would allow for single family residential uses and a minimum lot size of 5,000 square feet. However, at the Planning and Zoning Commission meeting, the applicant requested to modify the proposed base zoning district to develop in accordance with “SF12” - Single Family Residential District, which would allow for single family residential uses and a minimum lot size of 12,000 square feet.
o Staff had concerns that the originally proposed “SF5” - Single Family Residential District was not compatible with the character of the existing residential street and surrounding neighborhood. However, we do not have any concerns with the applicant’s modified base zoning district of “SF12” - Single Family Residential District given that it aligns with what currently exists on this property and in the neighborhood today. As such, Staff is supportive of the proposed base zoning district of “SF12 - Single Family Residential District.”
• Accessory Dwelling Units
o Under the current zoning ordinance, accessory dwelling units are limited to 600 square feet in size. The applicant is proposing to modify this requirement to allow an accessory dwelling that is no greater than 1,000 square feet in size. Staff has no objection to this request.
o Under the current zoning ordinance, accessory dwelling units are also required to follow the same setbacks as the main structure. With the current zoning on the subject property being “R120” Single Family Residence District, any proposed accessory dwelling unit would be required to observe a minimum 25-foot rear yard setback and a 10-foot side yard setback.
o When the agenda for the Planning and Zoning Commission meeting was posted, the applicant was proposing to allow accessory dwelling units to be within 3 feet from any side or rear property line. However, at the Planning and Zoning Commission meeting, the applicant requested to modify the proposed side and rear yard setback for accessory dwelling units to be a minimum of 5 feet.
o Staff had concerns with the initial proposal for a rear and side yard setback of 3 feet for accessory dwelling units because of the potential conflict with ensuring adequate separation between buildings. However, Staff has no objections to the applicant’s modified request for a minimum 5’ rear and side yard setback for accessory dwelling units because we feel it no longer poses a challenge for ensuring adequate building separation. Staff also feels that the proposed setback should be appropriate with the surrounding properties given the existing development pattern and lot configuration(s).
As stated above, Staff is supportive of the applicant’s modified request to rezone the subject property to “PD” - Planned Development District with a base zoning district of “SF12” - Single Family Residential District, with additional modifications to allow accessory dwelling units up to 1,000 square feet in size, and within 5 feet of the rear and side property line.
As such, Staff recommends approval of the proposed 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 Town Center District and is designated as the Historic Town Center - Residential placetype.
Historic Town Center - Residential describes the established urban neighborhoods surrounding downtown. Medium-lot, single-family detached homes are the predominant use of land in this placetype. Attached residential structures, including townhomes, patio-homes, and duplexes, are less common but still a presence. Many of the community’s oldest and most historic homes are found here, requiring a layer of municipal protection so as to maintain their integrity and historic character.
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 plan’s established criteria to be considered compatible with the Land Use Diagram. The proposed rezoning request aligns with the Historic Town Center - Residential placetype of the Town Center District, is in conformance with the Land Use Diagram and should be compatible with the surrounding properties.
• Fiscal Model Analysis: A fiscal analysis has not been provided as this zoning request does not change the uses or density that is currently permitted on the subject property.
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 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.
On January 25, 2022, the Planning and Zoning Commission voted 7-0-0 to recommend approval of the proposed zoning request with the following modifications to the proposed development standards:
• The subject property shall develop in accordance with “SF12” - Single Family Residential District.
• Side and rear yard setbacks for accessory dwellings shall be a minimum of 5 feet.