Title
Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone a Portion of the Property from "AG" - Agricultural District, "PD" - Planned Development District and "CC" - Corridor Commercial Overlay District to "SF5" - Single Family Residential District and "CC" - Corridor Commercial Overlay District; and Rezone a Portion of the Property from "PD" - Planned Development District and "CC" - Corridor Commercial Overlay District to "C2" - Local Commercial District and "CC" - Corridor Commercial Overlay District, Located Approximately 1,100 Feet West of Custer Road and on the South Side of U.S. Highway 380 (University Drive)
Summary
MEETING DATE: October 28, 2014
DEPARTMENT: Planning
CONTACT: Brandon Opiela, Planning Manager
Samantha Pickett, Planner II
APPROVAL PROCESS: The recommendation of the Planning and Zoning Commission will be forwarded to the City Council for final action at the November 18, 2014 meeting.
STAFF RECOMMENDATION: Staff recommends denial of the proposed rezoning request due to lack of conformance with the City of McKinney's Comprehensive Plan and City Council's goal of preserving and developing the non-residential tax base.
However, should the rezoning request be approved, the applicant is requesting approval of the following special ordinance provisions:
1. The use and development of Tract 1 (approximately 47.01 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.
2. The use and development of Tract 2 (approximately 12.81 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.
Professionally speaking, Staff has no objections to the proposed rezoning request as development of the entire property for non-residential uses may be challenging due to its limited access from multiple street frontages, the property's mid-block location, and the natural lake/drainage feature bisecting the property, making a large portion of the property more conducive to residential uses. Additionally, the applicant has preserved a portion of the property along the U.S. Highway 380 frontage for non-residential uses.
APPLICATION SUBMITTAL DATE: June 9, 2014 (Original Application)
July 7, 2014 (Revised Submittal)
August 25, 2014 (Revised Submittal)
October 13, 2014 (Revised Submittal)
October 16, 2014 (Revised Submittal)
ITEM SUMMARY: The applicant is requesting to rezone approximately 47.01 acres (Tract 1) for single family residential uses and is also requesting to rezone approximately 12.81 acres (Tract 2) for commercial uses.
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).
On July 22, 2014 the Planning and Zoning Commission voted 6-0-0 to table the item indefinitely in order to give the applicant time to work with Staff to address the Commission's concerns. At the meeting, three residents spoke in opposition to the request, expressing concerns with maintenance of existing easements on the property and the proximity of residential uses to the airport (see attached PZ Minutes 07.22.14).
On September 9, 2014, the Planning and Zoning Commission voted 7-0-0 to close the public hearing and table the item indefinitely per the applicant's request.
Prior to the October 28, 2014 Planning and Zoning Commission meeting, the applicant revised the rezoning request to increase the area for commercial uses from approximately 6 acres to approximately 13 acres, in response to the Commission's discussion on July 22, 2014.