Title
Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “PD” - Planned Development District, “AG” - Agricultural District, and “CC” - Corridor Commercial Overlay District to “PD” - Planned Development District and “CC” - Corridor Commercial Overlay District, Generally for Commercial and Single Family Attached and Detached Residential Uses, Located Approximately 600 Feet West of Custer Road and on the South Side of U.S. Highway 380 (University Drive), and Accompanying Ordinance
Summary
COUNCIL GOAL: Direction for Strategic Growth
MEETING DATE: July 21, 2015
DEPARTMENT: Planning
CONTACT: Michael Quint, Director of Planning
Brandon Opiela, Planning Manager
Samantha Pickett, Planner II
RECOMMENDED CITY COUNCIL ACTION:
• Staff recommends approval of the proposed rezoning request with the following special ordinance provisions:
1. The use and development of Tract 1 (approximately 11.72 acres) shall conform to the regulations of Section 146-112 (“C2” - Local Commercial District) of the Zoning Ordinance and “CC” - Corridor Commercial Overlay District, and as amended.
2. The use and development of Tract 2 (approximately 20.05 acres) shall conform to the regulations of Section 146-108 (“TH” - Townhome Residential District) of the Zoning Ordinance and “CC” - Corridor Commercial Overlay District, and as amended, except as follows:
a. No residential structures shall be permitted within 150 feet of the adjacent airport runway as designated on the attached boundary exhibit.
b. Prior to the issuance of a building permit for any residential structures on the subject property, an 8’ tall solid pre-cast masonry wall shall be constructed along the western property line of Tract 2 (within common area owned and maintained by the homeowner’s association) in the location shown on the attached boundary exhibit.
3. The use and development of Tract 3 (approximately 28.05 acres) shall conform to the regulations of Section 146-106 (“SF5” - Single Family Residential District) of the Zoning Ordinance and “CC” - Corridor Commercial Overlay District, and as amended, except as follows:
a. All single family detached residential units shall conform to the attached architectural standards.
4. Developer shall record a covenant/agreement, acceptable to the City Attorney, binding it to notify property owners of the adjacent airport use.
However, the request is not in conformance with the City of McKinney’s Comprehensive Plan and City Council’s goal of preserving and developing the non-residential tax base.
ITEM SUMMARY:
• The applicant is requesting to rezone approximately 11.72 acres (Tract 1) for commercial uses, approximately 20.05 acres (Tract 2) for single family attached (townhome) residential uses, and approximately 28.05 acres (Tract 3) for single family detached residential uses, with modifications to the development standards, including the addition of a no-build zone, a screening wall, and detached residential architectural standards, discussed in further detail below. Additionally, the applicant has included a provision that requires all future homeowners of the single family residential lots to be provided with a disclosure letter informing them of the airport’s adjacency; however, Staff has no way of ensuring that this can be accomplished at the time of sale.
• In September of 2007, the City Council approved a rezoning request for the subject property, tying down a general layout for approximately 8.95 acres of retail uses, approximately 7.32 acres of self-storage uses and approximately 43.27 acres of office uses (see attached PD Ordinance).
• In May of 2015, the City Council denied a request to rezone (14-151Z) the subject property to “PD” - Planned Development District, generally for single family detached residential (approximately 47.01 acres) and commercial (approximately 12.81 acres) uses, with modifications including reduced height of homes and an 8’ tall masonry wall adjacent to the Aero Country Airport runway. The applicant has since revised the request to include single family attached (townhome) residential uses and single family detached residential uses on the rear portion of the property (with commercial uses remaining along U.S. Highway 380), and has designated a 150-foot deep “no build” zone (approximately 2.5 acres) adjacent to the runway.
• On June 9, 2015 the Planning and Zoning Commission voted 5-0-0 to table the item to the June 23, 2015 Planning and Zoning Commission meeting per the applicant’s request.
• Subsequent to the June 23, 2015 Planning and Zoning Commission meeting, the special ordinance provisions regarding the 8’ tall masonry wall and future resident notification for the adjacent airport use were further clarified, and have been included in the special ordinance provisions listed above.
BACKGROUND INFORMATION:
• Please see attached Planning and Zoning Commission meeting Staff report.
FINANCIAL SUMMARY:
• Please see attached Planning and Zoning Commission meeting Staff report.
BOARD OR COMMISSION RECOMMENDATION:
• On June 23, 2015 the Planning and Zoning Commission voted 6-0-0 to recommend approval of the rezoning request.