Title
Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from "C" - Planned Center District, "RG-18" - General Residence District and "CC" - Corridor Commercial Overlay District to "PD" - Planned Development District and "CC" - Corridor Commercial Overlay District, Generally to Allow Commercial and Multi-Family Residential Uses, Located Approximately 830 Feet West of Hardin Boulevard and on the North Side of U.S. Highway 380 (University Drive)
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: July 10, 2018
DEPARTMENT: Planning
CONTACT: Melissa Spriegel, Planner I
Samantha Pickett, AICP, Planning Manager
Brian Lockley, AICP, CPM, Director of Planning
APPROVAL PROCESS: The recommendation of the Planning and Zoning Commission will be forwarded to the City Council for final action at the August 6, 2018 meeting.
STAFF RECOMMENDATION: Staff recommends denial of the proposed rezoning request due to lack of conformance with the Multi-Family Policy and lack of compatibility with adjacent land uses.
However, the applicant is requesting approval of 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 be developed in accordance with the attached development regulations and exhibit.
APPLICATION SUBMITTAL DATE: February 13, 2018 (Original Application)
April 3, 2018 (Revised Submittal)
April 16, 2018 (Revised Submittal)
April 24, 2018 (Revised Submittal)
May 2, 2018 (Revised Submittal)
May 7, 2018 (Revised Submittal)
June 6, 2018 (Revised Submittal)
June 15, 2018 (Revised Submittal)
June 21, 2018 (Revised Submittal)
ITEM SUMMARY: The applicant is requesting to rezone approximately 10.62 acres of land, from "C" - Planned Center District, "RG-18" - General Residence District and "CC" - Corridor Commercial Overlay District to "PD" - Planned Development District and "CC" - Corridor Commercial Overlay District, generally to allow for commercial and multi-family residential uses. More specifically, the proposed development standards designate two zones, the Commercial Zone, which follows “C2” - Local Commercial District, and the Multi-Family Zone, which is further split into two subareas, Type A and Type B. Each Multi-Family Zone Type establishes allowed uses and space limits, and establishes development standards and design criteria including, but not limited to, architectural standards, screening requirements, and landscaping requirements.
On May 22, 2018, The Planning and Zoning Commission voted 7-0-0 to continue the public hearing and table the item to the June 12, 2018 Planning and Zoning Commission Meeting.
On June 12, 2018, The Planning and Zoning Commission voted 7-0-0 to close the public hearing and table the item indefinitely, per the applicant’s request.
ZONING:
|
Location |
Zoning District (Permitted Land Uses) |
Existing Land Use |
|
Subject Property |
“C” - Planned Center District (Commercial Uses), “RG-18” - General Residence District (Residential Uses), and “CC” - Corridor Commercial Overlay District |
Undeveloped Land |
|
North |
“AG” - Agricultural District (Agricultural Uses) and “CC” - Corridor Commercial Overlay District |
Undeveloped Land |
|
South |
“BG” - Neighborhood Business District (Commercial Uses), “PD” - Planned Development District Ordinance No. 2008-10-099 (Commercial Uses), “ML” - Light Manufacturing District (Industrial Uses), and “CC” - Corridor Commercial Overlay District |
Collin County Farm Bureau, JBS Express, Vacant Building, and Undeveloped Land |
|
East |
“C3” - Regional Commercial District, “C2” - Local Commercial District (Commercial Uses), and “CC” - Corridor Commercial Overlay District |
Undeveloped Land |
|
West |
“C” - Planned Center District (Commercial Uses), “RG-18” - General Residence District (Residential Uses), and “CC” - Corridor Commercial Overlay District |
Trade Days |
PROPOSED ZONING: The applicant is requesting to rezone approximately 10.62 acres of land generally to modify the development standards. The subject property is currently zoned for commercial uses along U.S. Highway 380 (approx. 5.59 acres), and residential uses, located approximately 310 feet north of U.S. Highway 380. While the current “RG-18” zoning on the northern portion of the property allows multi-family residential uses, the applicant has indicated their intent to extend the multi-family residential zone to the south (increasing the area from 5.03 acres to 6.20 acres), provide a mix of multi-family unit types, and increase the density and height.
While Staff is supportive of the “C2” Zoning along U.S. Highway 380, Staff has concerns with the proposed multi-family residential uses, as the development regulations increase not only the land area for multi-family uses, but also the intensity of potential development beyond that allowed under the current zoning. Furthermore, the proposed development regulations allow for a number of modifications (detailed below) that do not meet the current minimum standards for multi-family residential development.
When considering a PD rezoning request, the typical standards of the Zoning Ordinance should be used as a baseline comparison to determine if the proposed standards will result in an innovative or unique development, and to ensure that the proposed standards do not conflict or negate the intent of the typical standards. Several of the proposed development regulations are detailed below, however Staff is of the opinion that these will not create an innovative development.
|
Space Limits |
Current Zoning |
Proposed Zoning |
|
Front Yard Setback |
35’ |
25’ |
|
Rear Yard Setback |
25’/45’* |
40’ |
|
Side Yard Setback |
20’/45’* |
25’ |
|
Maximum Height |
35’ |
60’/40’ |
|
Maximum Lot Coverage |
50% |
70% |
|
Maximum Density |
24 du/ac |
40 du/ac |
|
Window Setback from Single Family |
150’ |
40’ |
*45’ when adjacent to single family/duplex use or zone
• Modified Landscape Buffers and Screening
o The Ordinance requires multi-family developments to have a 20’ landscape buffer along all property lines, with trees planted 1 per 40 feet on center. Additionally, a solid masonry wall is required along all side and rear property lines.
o The development regulations propose to waive the buffer, trees, and wall along the south and east property lines; reduce the buffer to 10’ with trees 1 per 25 feet along the northern property line, increase the buffer along the western property line to 25’ but have it serve as a dog park, and allow the option for a wrought iron fence along the north and west property lines. Staff is of the opinion that the reduced green space and screening will not provide the appropriate buffers for the adjacent properties, and that having the dog park within the western buffer negates the effect of the buffer.
• Modified Architectural Standards
o Typical standards for multi-family projects include, but are not limited to, minimum masonry requirements, full height offsets (5’ x 10’) for walls longer than 30 feet, 100% neutral or earth-toned exterior colors, 2 major and 4 minor enhancements, maximum height of 2 stories, amenities based on number of units, and 150’ setback of windows from single family residential uses or zones.
o The proposed standards increase the minimum masonry from 50% to 60% on most, but not all elevations (detailed in PD provision below), but include reductions for the remainder of the features. The building massing requirement is reduced to only occur for walls longer than 50’, and are not required to be full height; 15% and 30% primary colors are permitted for Type A and Type B, respectively; the height has been increased to 60’ (Type A) and 40’ (Type B); and reduced the window setback from single family to 40’. Additionally, the majority of enhancements and amenities proposed do not meet the minimum requirements (i.e., garage not fully screened from ROW, dog park overlaps landscape buffer, pool does not include a minimum deck) or have not provided enough detail (internal courtyard to be 15,000 square feet, but does not detail any features such as seating, shade structures, etc., and two lounges to be provided, but do not include any features such as a game room, business center, or theater).
• PD Provision for Exceptional Quality or Innovation
o PD Districts may not be approved without ensuring a level of exceptional quality or innovation for the associated design or development. The applicant has indicated this will be satisfied by providing increased masonry and increased amenities; however, Staff is of the opinion that the 10% increase in masonry is not enough to either ensure exceptional quality or offset the reduction in standards listed above. Additionally, only the minimum number of enhancements are proposed, and these are private in nature and would not provide a clearly visible benefit to the site and surrounding area as a whole. Standards should be provided with regards to unifying the overall development, including the commercial aspect, in order to meet the requirements of the PD provision.
• Northwest Sector Study
o The Northwest Sector Study specifically notes that depths of 750 to 1,000 feet along U.S. Highway 380 should be preserved for non-residential development. Given the growing development along the major regional highway, it is Staff’s professional opinion the rezoning request is not appropriate for the subject property, as a property of this depth (approximately 843 feet) should serve as a transition from more intense development along U.S. Highway 380 to the less dense residential development to the north. This is consistent with both the current Future Land Use Plan (FLUP) and the ONE McKinney 2040 Comprehensive Plan Update, which designate the area for commercial uses, detailed below.
Given the intensity of the multi-family residential use, proposed modifications, and lack of conformance with the Northwest Sector Study, Staff recommends denial of the proposed rezoning request.
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Future Land Use Plan (FLUP) designates the subject property for commercial uses. The FLUP modules diagram designates the subject property as Suburban Mix within a significantly developed area.
That said, the existing Comprehensive Plan is currently undergoing an extensive update. As part of this update, the Future Land Use Plan included in the existing Comprehensive Plan will be replaced with a new plan, known as the Preferred Scenario. The Preferred Scenario focuses on distinctive districts, each with a clear intent and market focus that are reinforced through character-defining placetypes. In conjunction with the Preferred Scenario, there will be a series of district diagrams which outline the desired development patterns for each unique area of McKinney.
Per the Preferred Scenario, the subject property is split between the Collin Crossing District and the Medical District. Specifically, the subject property is designated in the Neighborhood Commercial and Professional Campus placetypes, Though still in draft form, Staff is of the opinion that the ONE McKinney 2040 Comprehensive Plan Update should be considered when evaluating land use requests.
The Comprehensive Plan lists factors to be considered when a rezoning request is being considered within a significantly developed area:
• Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally not in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zoning change would not help the community attain the goal of “Economic Development Vitality for a Sustainable and Affordable Community” through the stated objective of the Comprehensive Plan, a “balanced development pattern”.
• Impact on Infrastructure: The proposed rezoning request may have an impact on the existing and planned water, sewer and thoroughfare plans in the area.
• Impact on Public Facilities/Services: The proposed rezoning may have an impact on public services, such as schools, fire and police, libraries, parks and sanitation services.
• Compatibility with Existing and Potential Adjacent Land Uses: The properties located adjacent to the subject property are zoned for commercial uses and low density residential uses. The proposed rezoning request will not be compatible with the surrounding properties.
• Land Use and Tax Base Summary: Module 52 is currently comprised of approximately 12% residential uses, 48% non-residential uses (including agricultural and institutional uses), and 40% within the Extraterritorial Jurisdiction (ETJ). The proposed rezoning request will have no impact on the anticipated land uses in this module. Estimated tax revenues in Module 52 are comprised of approximately 94% from residential uses and 6% from non-residential uses. Estimated tax revenues by type in Module 52 are comprised of approximately 3.9% ad valorem taxes and 96.1% sales and use taxes.
• Concentration of a Use: The proposed rezoning request may result in an over concentration of multi-family residential land uses in the area due to the Multi-Family Policy (below), but should not result in an overconcentration of non-residential uses.
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 no comments or phone calls in support of or opposition to this request.