Title
Conduct a Public Hearing to Consider/Discuss/Act on a Variance to a Site Plan for Modera Multi-Family Development, Located on the East Side of Hardin Boulevard and Approximately 1,400 Feet North of Bloomdale Road
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 18, 2025
DEPARTMENT: Development Services - Planning
CONTACT: Jennifer Arnold, AICP, Director of Planning
Caitlyn Strickland, AICP, Planning Manager
Araceli Botello, CNU-A, Planner II
RECOMMENDED CITY COUNCIL ACTION: Staff recommends approval of the proposed site plan with the following conditions:
1. The applicant receive approval of the following variances:
a) Provide an alternate screening device for rear and side property lines, per Section 146-132 (Fences, Walls, and Screening) of the Zoning Ordinance.
b) Provide an alternative screening device for parking spaces visible from public thoroughfares, per Section 146-132 (Fences, Walls, and Screening) of the Zoning Ordinance.
c) Reduce the amount of enclosed parking spaces required per Section 146-130 (Vehicle Parking) of the Zoning Ordinance.
2. The applicant revise the site plan to include all necessary changes per the Fire Marshal’s Office.
3. The applicant revise the site plan to include all necessary changes per the Engineering Department.
4. The applicant revise the landscape plan to include all necessary changes per the Planning Department.
Prior to issuance of a building permit:
1. The applicant satisfy the conditions as shown on the Standard Conditions for Site Plan Approval Checklist, attached.
APPLICATION SUBMITTAL DATE: September 25, 2024 (Original Application)
October 28, 2024 (Revised Submittal)
December 23, 2024 (Revised Submittal)
January 10, 2025 (Revised Submittal)
ITEM SUMMARY: The applicant proposes to construct a multi-family development on a portion of the property located on the east side of Hardin Boulevard and approximately 1,400 feet north of Bloomdale Road.
Typically, site plans can be approved by Staff; however, the applicant is requesting approval of variances which require consideration by the Planning and Zoning Commission and City Council for approval.
The site plan is being reviewed under Chapter 146 (Zoning Regulations) of the McKinney Code of Ordinances, because a General Development Plan and Concept Plan for development of the property were submitted prior to the adoption of the Unified Development Code (UDC) on November 15, 2022.
PLATTING STATUS: The subject property is currently conveyance platted as Lot 1, Block A of the Bloomdale Addition. A minor plat of the subject property must be approved prior to the commencement of any development activity on the subject property.
ZONING:
|
Location |
Zoning District (Permitted Land Uses) |
Existing Land Use |
|
Subject Property |
“PD” - Planned Development District Ordinance No. 1703 (Commercial and Residential Uses) |
Undeveloped Land |
|
North |
“PD” - Planned Development District Ordinance No. 1703 (Commercial and Residential Uses) |
Multifamily |
|
South |
“PD” - Planned Development District Ordinance No. 1703 (Commercial and Residential Uses) |
Undeveloped Land |
|
East |
“PD” - Planned Development District Ordinance No. 1703 (Commercial and Residential Uses) |
Undeveloped Land |
|
West |
McKinney ETJ |
Undeveloped Land |
ACCESS/CIRCULATION:
|
Adjacent Streets: |
Hardin Boulevard, 140’ Width Right-of-Way, Greenway Arterial Modera Lane, 60’ Width Right-of-Way, Collector |
PARKING: Typically, multi-family developments are required to provide enclosed parking spaces for no less than 50% of the units. The applicant proposes to provide enclosed parking for 30% of the units and covered spaces (carports) for 20% of the units.
Pursuant to Section 146-130(3)(4) of the Zoning Ordinance, the enclosed parking requirement may be reduced from 50 percent to 30 percent as part of the site plan approval process if the City Council finds, after consideration by the Planning and Zoning Commission, that:
• The project represents an innovative or exceptional quality design; and
• The project represents a significant contribution to the existing and future built environment in the area; and
• The reduction in the enclosed parking requirement is not for pecuniary reasons or to serve as a convenience for the development.
The first phase of this multifamily development project used similar modified parking requirements. Given its consistency with prior phases, Staff finds that the request to modify the enclosed/covered parking spaces still provides an enclosed or covered parking space product and a reduction should not be detrimental to the development.
The applicant has satisfied all other minimum parking requirements as specified within Section 146-130 (Vehicle Parking) of the Zoning Ordinance.
LOADING SPACES: The applicant has satisfied the minimum loading space requirements as specified within Section 146-131 (Off-Street Loading) of the Zoning Ordinance.
SOLID WASTE CONTAINERS: The sanitation container screening walls will be brick, stone masonry or other architectural masonry finish, including a metal gate, primed and painted, and the sanitation container screening walls, gate, and pad site will be constructed in accordance with the City of McKinney Design Specifications. The applicant has provided the required notation on the proposed site plan.
LANDSCAPING REQUIREMENTS: The applicant has satisfied all landscaping requirements as specified in Section 146-135 (Landscape Requirements) of the Zoning Ordinance.
SCREENING REQUIREMENTS: Typically, multi-family developments require a 6’ masonry screening device along all rear and side property lines. They also require screening from view from public thoroughfares by masonry walls, earthen berms, tubular steel or wrought iron fence with masonry columns and evergreen shrubs, or an approved alternative screening device.
Pursuant to Section 146-132(4) of the Zoning Ordinance, the applicant requests approval of a variance to screen the eastern (rear) property line with a 42-inch ornamental iron rail stacked above a retaining wall with 3-foot evergreen shrubs and enhanced vegetation along the setbacks of the retaining walls. The applicant also requests approval of a variance to provide 3-foot evergreen shrubs to screen the off-street parking areas that are visible from public thoroughfares.
As part of the site plan approval process, a variance may be approved by the Planning and Zoning Commission and/or the City Council if you find that:
• Unique circumstances exist on the property that make application of specific items in this section unduly burdensome on the applicant;
• The variance will have no adverse impact on current or future development;
• The variance is in keeping with the spirit of the zoning regulations, and will have a minimal impact, if any, on the surrounding land uses; and
• The variance will have no adverse impact on public health, safety, and general welfare.
In reviewing the conditions along the eastern (rear) property line, staff notes that the multifamily development will feature a series of retaining walls along the eastern (rear) property line. The walls are positioned within the 20-foot landscape buffer, which is further complemented by an additional 15’ walkway and enhanced landscaping. Atop the retaining walls, the applicant proposes to provide an ornamental iron railing with evergreen shrub plant material, integrated with required canopy trees and other enhanced landscaping along the tiers of the retaining walls. This added landscaping aligns with the living screening requirements of the zoning ordinance.
Staff feels that the proposed screening/buffering offers a visually appealing solution for screening while still aligning with the intent of the code. The integration of both hardscape and landscape elements is a noteworthy way to achieve the desired screening while maintaining a natural, aesthetically pleasing environment.
Where the applicant has proposed 3-foot evergreen shrubs to screen the off-street parking from view of public thoroughfares, Staff notes that these conditions exist in very few locations throughout the development and that the proposed living screening aligns with the modern screening requirements outlined in the Unified Development Code (UDC). As such, Staff is supportive of the applicant's request.
The applicant has also provided the required notation stating that all mechanical, heating, and air conditioning equipment shall be screened from the public right-of-way and from adjacent residential properties. It should be noted that this request aligns with the new screening requirements in the Unified Development Code (UDC).
The applicant has properly screened the sanitation container and has satisfied the minimum requirements as specified in Section 146-132 (Fences, Walls, and Screening Requirements) of the Zoning Ordinance.
LIGHTING AND GLARE REGULATIONS: The applicant will be responsible for complying with Lighting and Glare Regulations of the City of McKinney Code of Ordinances. The applicant has provided the required notation stating that the lighting will be in conformance to the requirements of the City of McKinney Code of Ordinances on the site plan.
TREE PRESERVATION ORDINANCE: The applicant will be responsible for complying with the Tree Preservation Ordinance. The applicant has submitted a tree survey, subject to review and approval of the City’s Urban Forester.
PUBLIC IMPROVEMENTS:
|
Sidewalks: |
Required along Hardin Boulevard and Modera Lane |
|
Hike and Bike Trails: |
Required along McNaughton Drive |
|
Road Improvements: |
All road improvements are necessary for this development, and as determined by the City Engineer |
|
Utilities: |
All utilities necessary for this development, and as determined by the City Engineer |
Discussion: Under the requirements of the Subdivision Ordinance, the applicant will be required to construct all necessary public improvements prior to filing the accompanying plat, unless otherwise specified in an approved facilities agreement.
DRAINAGE: The applicant will be responsible for all drainage associated with the subject property, and for compliance with the Storm Water Ordinance, which may require on-site detention. Grading and drainage plans are subject to review and approval by the City Engineer, prior to the issuance of a building permit.
FEES:
|
Roadway Impact Fees: |
Applicable (Ordinance No. 2020-12-091) |
|
Utility Impact Fees: |
Applicable (Ordinance No. 2020-12-092) |
|
Median Landscape Fees: |
Applicable |
|
Park Land Dedication Fees: |
Applicable |
|
Pro-Rata: |
As determined by the City Engineer |
OPPOSITION TO OR SUPPORT OF REQUEST: Staff has received no letters of support to this request and no letters of opposition. This does not include emails or letters that may have been sent directly to members of the Council or Commission.
BOARD OR COMMISSION RECOMMENDATION: On January 28, 2025, the Planning and Zoning Commission voted 7-0-0 to recommend approval of the proposed variance request.