File #: 21-0193Z2    Name: College Street Rezoning Request
Type: Ordinance Status: Public Hearing
In control: City Council Regular Meeting
On agenda: 2/15/2022 Final action:
Title: Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from "RS-60" - Single Family Residence District, "H" - Historic Preservation Overlay District, and "TMN" - Traditional McKinney Neighborhood Overlay District to "PD" - Planned Development District, "H" - Historic Preservation Overlay District, and "TMN" - Traditional McKinney Neighborhood Overlay District, Generally to Allow for Single Family Residential Uses and to Modify the Development Standards, Located on the Southeast Corner of College Street and Howell Street, and Accompanying Ordinance
Attachments: 1. Draft PZ Minutes 01.25.2022, 2. Location Map and Aerial Exhibit, 3. Letter of Intent, 4. Letter of Opposition, 5. Citizen Comments, 6. Comprehensive Plan Maps, 7. Town Center District, 8. Placetype Definitions, 9. Land Use Comparison Table, 10. Proposed Ordinance, 11. Proposed Exhibits A-D, 12. Presentation
Related files: 21-0193Z

Title

Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “RS-60” - Single Family Residence District, “H” - Historic Preservation Overlay District, and “TMN” - Traditional McKinney Neighborhood Overlay District to “PD” -  Planned Development District, “H” - Historic Preservation Overlay District, and “TMN” - Traditional McKinney Neighborhood Overlay District, Generally to Allow for Single Family Residential Uses and to Modify the Development Standards, Located on the Southeast Corner of College Street and Howell Street, 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.

APPLICATION SUBMITTAL DATE:                     December 20, 2021 (Original Application)

 

ITEM SUMMARY:  The applicant is requesting to rezone approximately 4.14 acres of land, generally for single family uses. Currently this site is zoned “RS-60” - Single Family Residence District. The applicant has submitted this zoning request to modify the development standards for accessory buildings, specifically for proposed detached garages. More information is detailed further below.

 

EXISTING ZONING AND LAND USES:

 

Location

Zoning District (Permitted Land Uses)

Existing Land Use

Subject Property

“RS60” Single Family Residence District (Residential Uses)

Undeveloped Land

North

“RD30” Duplex Residence District (Residential Uses)

Single Family Residences

South

“RS60” Single Family Residence District (Residential Uses)

Single Family Residences

East

“RG18” General Residence District (Residential Uses)

Single Family Residences

West

“RS60” Single Family Residence District (Residential Uses)

Single Family Residences

 

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 buildings, as further described below.

 

                     Residential Uses

 

o                     Currently, the property is zoned “RS60” Single Family Residence District.

 

o                     The applicant proposes to rezone the property to “PD” - Planned Development District with similar uses to those permitted within the “RS60” Single Family Residence District in order to develop single family residential uses with detached garages. A complete list of the allowed uses is attached to this staff report for your reference.

 

                     Space Limits

 

o                     The current zoning on the subject property follows the space limit requirements for “RS60” Single Family Residence District

 

o                     The applicant proposes similar space limits to those currently required per the existing zoning on the subject property, with the only requested modifications being to those required for accessory buildings. A complete list of the space limits is attached to this staff report for your reference.

 

                     Accessory Building Setbacks

 

o                     Under the current zoning ordinance, an accessory building shall observe a minimum 10-foot building setback from the rear property line if no alley exists and a minimum 3-foot side yard from any side lot line.

 

o                     The applicant proposes to observe a rear and side yard setback of 5 feet and a side yard at corner setback of 15 feet for accessory buildings less than 500 square feet in size.

 

o                     The applicant also proposes to observe the primary building setbacks for accessory buildings that are 500 square feet or greater in size.

 

o                     A complete list of the accessory building space limits is attached to this staff report for your reference.

 

Although the city’s current zoning ordinance does not permit a 5-foot rear yard setback for accessory buildings if an alley is not present, Staff has reviewed the applicant’s request against residential building codes, the efforts underway with the New Code McKinney Initiative (Code Overhaul) and comparisons with surrounding communities. In this review, we have found that the applicant’s request allows for additional flexibility in the location of accessory buildings while ensuring adequate separation for emergency services. Staff also feels that the request aligns with the work of New Code McKinney and is comparable with setback requirements for accessory buildings in surrounding communities.

 

As such, Staff feels comfortable with the request and recommends approval.

 

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 one letter of opposition to this request and no letters in support. This does not include emails or letters that may have been sent directly to members of the Council. As part of the Planning and Zoning Commission Public Hearing(s), Staff also received citizen comments through the online citizen portal, which are attached for your reference.

 

BOARD OR COMMISSION RECOMMENDATION: On January 25, 2022, the Planning and Zoning Commission voted 7-0-0 to recommend approval of the proposed zoning request.