Title
Discuss Possible Changes to the "REC" - Regional Employment Center Overlay District, Including Possible Amendments to Multiple Sections of the Zoning Ordinance and Comprehensive Plan (Land Use Element, Transportation, Urban Design, and Multi-Family Policy)
Summary
COUNCIL GOAL: Direction for Strategic Growth
MEETING DATE: April 6, 2015
DEPARTMENT: Planning
CONTACT: Brandon Opiela, Planning Manager
Michael Quint, Director of Planning
RECOMMENDED CITY COUNCIL AND PLANNING AND ZONING COMMISSION ACTION:
· Discuss possible changes to the "REC" - Regional Employment Center Overlay District, including possible amendments to multiple sections of the Zoning Ordinance and Comprehensive Plan (Land Use Element, Transportation, Urban Design, and Multi-Family Policy).
ITEM SUMMARY:
· Staff is requesting feedback from the City Council regarding updated proposed amendments to the Zoning Ordinance and Comprehensive Plan pertaining to the REC Overlay District.
· At the March 16, 2015 Joint Meeting, City Council and the Planning and Zoning Commission discussed possible amendments to multiple sections of the Zoning Ordinance and Comprehensive Plan pertaining to the "REC" - Regional Employment Center Overlay District and directed Staff to meet with stakeholders within the Overlay to discuss and seek feedback regarding this new approach for the REC area of McKinney.
· Staff held a public input meeting on March 26, 2015 to discuss these possible amendments to the Zoning Ordinance and Comprehensive Plan. Those in attendance agreed that that the scope and vision for urban-style development within the REC Overlay was too large and that the associated regulations were inconsistent with current market realities. Some stakeholders offered broad support for the proposed new approach in the REC that could preserve current property entitlements while mitigating the challenges developments face within the REC Overlay, while others shared concerns generally pertaining to single family detached residential densities allowed by future rezoning requests and the amount of commercial uses preserved along the State Highway 121 Corridor was too great (see attached comment cards and letter of support).
· For reference, Staff has attached the March 16, 2015 Joint Meeting Staff Report to this item, which details a majority of the proposed changes to the Zoning Ordinance and Comprehensive Plan. Updates made to the proposed amendments subsequent to the March 16, 2015 Joint Meeting and March 26, 2015 public input meeting have been detailed further below.
· Staff feels that the best approach for addressing the development issues within the REC, while respecting existing properties rights, is to remove the applicability of the REC Overlay for all new rezoning requests going forward, while keeping the REC Overlay regulations "on the books" for all existing properties governed by the REC Overlay (as discussed at the March 16, 2015 Joint Meeting). Within this solution, all properties that are currently governed by the REC Overlay regulations can continue to develop according to the REC requirements, or choose to rezone to a standard zoning designation or to a Planned Development District.
· In conjunction with this approach, it is important that the governing policy documents for the REC within the Comprehensive Plan (i.e. Land Use Element -Future Land Use Plan (FLUP) and Future Land Use Plan Module Diagram (FLUP MD); Transportation; Urban Design; and Multi-Family Policy) also be amended to maintain consistency between City policies and ordinances. These amendments will help guide Staff, the Planning and Zoning Commission, and City Council when considering future rezoning requests. Please note that the proposed amendments to the Comprehensive Plan pertain only to the new approach for the REC area. A subsequent set of amendments to the Comprehensive Plan, including general clean-up and non-substantive items, are tentatively scheduled for the first City Council meeting in June.
· Assuming the City Council is comfortable moving forward with the possible amendments; Staff will incorporate any feedback received from the City Council and will schedule the adoption proceedings for the Planning and Zoning Commission meeting on April 28, 2015 and the City Council meeting on May 5, 2015.
· Staff posted the proposed amendments online, on March 31, 2015, for public review and comment and will leave them posted until April 17, 2015.
AMENDMENTS TO THE ZONING ORDINANCE:
· At the March 16, 2015 Joint Meeting, Staff proposed possible amendments to the Zoning Ordinance that have not been further modified. The proposed amendments are aimed at keeping the REC Overlay regulations "on the books" for all existing properties governed by the REC Overlay, while removing it's applicability for future rezoning requests. Please reference the attached Staff report from the Joint Meeting and proposed ordinance amendments (see attached) to the following sections:
o Section 146-99 (REC regional employment center overlay district)
o Section 146-132 (Fences, walls, and screening requirements)
o Section 146-139 (Architectural and site standards)
AMENDMENTS TO SECTION 7 (LAND USE ELEMENT) OF THE COMPREHENSIVE PLAN:
· At the March 16, 2015 Joint Meeting, Staff proposed possible amendments to the Comprehensive Plan's Future Land Use Plan (FLUP) and Future Land Use Module Diagram (FLUP MD); and proposed definitions for the Urban Mix Module and Tollway Commercial Module, as well as two new future land use mix category definitions for Tollway Commercial and High Density Urban Residential (see attached Staff report).
· Subsequent to the Joint meeting, Staff made additional verbiage changes to the Land Use Element section by removing references to the REC, integrating the proposed modules (Tollway Commercial and Urban Mix) and land use mix category definitions (Tollway Commercial and High Density Urban Residential), and creating two full sections for the proposed Tollway Commercial (7.11) and Urban Mix (7.12) modules which provide detailed descriptions for the intended land use, community form, and locational criteria of each module (see attached).
· Staff also made minor changes to the proposed FLUP and FLUP MD exhibits (see attached), based on existing zoning, best planning practices, and stakeholder feedback.
AMENDMENTS TO SECTION 8 (TRANSPORTATION) OF THE COMPREHENSIVE PLAN:
· The only proposed change to this section of the Comprehensive Plan removes the reference to the REC within the thoroughfare recommendation for Collin McKinney Parkway and details how this thoroughfare will generally bisect the Tollway Commercial Module and Urban Mix Module (see attached).
AMENDMENTS TO SECTION 11 (URBAN DESIGN) OF THE COMPREHENSIVE PLAN:
· The proposed changes to this section of the Comprehensive Plan generally removes references to the REC and adds the Tollway Commercial Module to the urban design guidelines of the Regional Commercial, Regional Employment, Office Park, and Industrial Modules; as well as replaces the Regional Employment Center Module with the Urban Mix Module, providing urban design guidelines for use types within the module including elements such as building orientation, Design for Density, parking, and pedestrian environment (see proposed amendments).
AMENDMENTS TO APPEDIX E (MULTI-FAMILY POLICY) OF THE COMPREHENSIVE PLAN:
· At the March 16, 2015 Joint Meeting, Staff proposed possible amendments to the Comprehensive Plan's Multi-Family Policy which proposed to remove the exemption of the REC area from the Multi-Family Policy based on the concept that if the overall vision for the REC area is no longer urban, then encouraging higher densities within the REC area no longer makes sense. The proposed amendments also included other non-substantive clean-up items (see attached Staff report).
· Subsequent to the meeting, Staff has proposed a new exemption and definition for urban multi-family developments, which would be applicable to properties within the REC area and the City as a whole. Staff feels that both vertical mixed-use development and the proposed urban multi-family residential design elements can help promote and ensure high quality multi-family residential is constructed throughout the City. As proposed, urban multi-family developments would be defined as a multi-family residential development which incorporates, at a minimum, the following urban design elements:
o structured and/or tuck-under garage parking for no less than 80% of the total required parking for the development;
o 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;
o meaningful, centrally located internal open spaces (parks, plazas, courtyards, and squares) offering public gathering areas; and
o 10 foot wide public sidewalks adjacent to all public roadways.
STEPS TAKEN TO DATE:
o November 3, 2014 - City Council directed Staff to re-evaluate the REC Overlay
o February 2, 2015 - Staff discussed development issues within the REC Overlay and possible solutions to said issues with the City Council
o February 18, 2015 - Staff met with the McKinney Economic Development Corporation's Development Advocacy Group to discuss the possible amendments
o February 26, 2015 - Staff held a public input meeting to discuss the possible amendments with stakeholders
o March 16, 2015 - Staff met with the Planning and Zoning Commission and the City Council to discuss the possible amendments
o March 17, 2015 - Staff posted draft amendments online, prior to the public input meeting, for stakeholder review and comment
o March 26, 2015 - Staff held a public input meeting to discuss the possible amendments
o March 31, 2015 - Staff posted updated versions of the possible amendments and emailed recurring McKinney developers for review and comment
BACKGROUND INFORMATION:
· The "REC" - Regional Employment Center Overlay District was adopted in 2001 and based on "new-urbanist" principles. Specifically, approximately 4,500 acres in the southwest portion of the City were identified for urban, pedestrian-oriented, dense development patterns. These standards were designed to help create a unique sense of place within the City, defined by developments with an urban feel and character.
· The REC Overlay District was significantly amended in 2003, which closely resembles the ordinance in place today.
· Since the adoption of the REC Overlay, the market has responded that this development type is not reasonable for tracts of this scope. Because of this fact, and because of changes in development trends, numerous rezoning requests have been made modifying these requirements to allow for more traditional suburban development patterns.
· In May of 2014, in effort to respond to regulations considered contrary to the current market and development trends, City Council approved amendments to the REC Overlay District making specific urban design concepts optional throughout the REC. These amendments addressed multiple ordinance requirements that had been included in numerous rezoning requests over the years in order to be more reflective of the development climate without modifying existing property rights. Although these amendments offer a greater level of flexibility and options for development, a number of issues still remain.
· At the November 3, 2014 work session, City Council directed Staff to initiate a re-evaluation of the "REC" - Regional Employment Center Overlay District and provide further information regarding possible changes or amendments to be made to the REC.
· The following list of development issues (expressed and reiterated over the past few years by citizens, the development community, the Planning and Zoning Commission, the City Council and City Staff) were presented to the City Council at the February 2, 2015 work session and were subsequently presented to and discussed with the McKinney Economic Development Corporation's Development Advocacy Group on February 18, 2015 and stakeholders within the REC on February 26, 2015.
DEVELOPMENT ISSUES
1) The REC Overlay regulations are confusing, conflict with other regulations, and necessitate frequent Staff interpretations.
2) The inability to ensure consistent quality and character within residential and non-residential developments.
3) Urban-style development should be in smaller acreages or nodes and is not feasible to develop across 4,500 acres of land.
4) Requirements for commercial developments within the REC are not always compatible with adjacent residential uses.
5) The predominance of suburban-style residential throughout the REC limits the opportunity for taller, dense developments to be constructed.
6) Vertical mixed-use projects are not sustainable when too much non-residential square footage is required.
7) There is too much multi-family residential allowed within the REC.
8) Rezoning requests to develop in a more suburban manner require a Planned Development District Ordinance to remove the requirements of the REC.
· Staff has also provided an aerial exhibit of the properties included within the REC. Staff has shaded each of the parcels to illustrate developed (using a lighter color) and undeveloped (using a bolder color) properties as well as to clarify which properties are currently subject to the requirements of the REC. Properties shaded in blue indicate those that have been zoned after February 6, 2001 (the establishment of the REC) and are currently subject to the guidelines of the REC. Properties shaded in red indicate those that were zoned prior to the establishment of the REC and are not currently subject to the design guidelines. Properties shaded in green indicate those that have rezoned to remove the applicability of the REC requirements.
FINANCIAL SUMMARY:
· N/A
BOARD OR COMMISSION RECOMMENDATION:
· The Planning and Zoning Commission has expressed broad concerns over the past years regarding the requirements of the REC Overlay District and the development challenges within the Overlay. At the March 16, 2015 City Council and Planning and Zoning Commission Joint Meeting, the Commission offered broad support for the proposed amendments to the Zoning Ordinance and Comprehensive Plan.