Title
Conduct a Public Hearing to Consider/Discuss/Act on the Request by the City of McKinney, for Approval of the Request to Amend Chapter 146 - Zoning Regulations of the Code of Ordinances, to Modify the Definition of a Church or Rectory to Allow a Temporary Not-for-Profit Housing Shelter as an Accessory Use, and Accompanying Ordinance.
Summary
MEETING DATE: August 16, 2011
DEPARTMENT: Development Services - Planning
CONTACT: Rob Daake, PE, Director of Development Services
Jennifer Cox, AICP, Director of Planning
Brandon Opiela, Senior Planner
RECOMMENDED CITY COUNCIL ACTION:
• Staff recommends approval of the proposed amendment to the Zoning Regulations, to read as follows:
“Church or Rectory means a place of worship and religious training including the on-site housing of ministers, rabbis, priests, nuns, and similar staff personnel. Church or rectory shall also include church-operated preschools (if the church is situated on a legally conforming lot under applicable subdivision or zoning controls) and/or on-site accessory not-for-profit overnight housing shelter sponsored and operated by the religious entity as a part of its goals, mission or ministry providing temporary free overnight lodging for individuals having no regular home or residential address (“Guests”). The provision of temporary free overnight lodging allowed hereby shall be limited to a maximum of 30 nights per calendar year, shall provide housing for no more than 14 Guests per night, and shall require an annual permit for such accessory use issued by the Chief Building Official.”
ITEM SUMMARY:
• Under the direction of the City Manager, Staff is proposing to modify the definition of a Church or Rectory as found in Section 146-46 (Definitions) of the City of McKinney Zoning Regulations to allow for an on-site accessory overnight housing shelter, providing housing for no more than 14 guests per night, and limiting the accessory use to a maximum of 30 nights per calendar year.
BACKGROUND INFORMATION:
• In September of 2009, Staff was approached by a not-for-profit organization (Family Promise of Collin County) desiring to establish a program including McKinney and the surrounding municipalities of Collin County to provide temporary lodging to homeless families (further supplementing temporary housing services currently being provided within Collin County such as the Samaritan Inn) through the use of a network of area churches willing to help support the effort. A number of churches in the area have shown interest in the program, some of which have already made the necessary preparations.
• The Zoning Ordinance currently defines a Church or Rectory as “a place of worship and religious training including the on-site housing of ministers, rabbis, priests, nuns, and similar staff personnel. Church or rectory shall also include church-operated preschools if the church is situated on a legally conforming lot under applicable subdivision or zoning controls.”
• As stated above, this definition allows for the on-site housing of ministers, rabbis, priests, nuns, and similar staff personnel, but does not authorize any person who is not an employee of the church to reside in housing that is situated on-site with the place of worship or religious training.
• Other municipalities in Collin County such as Fairview, Lucas, and Allen have determined that the ordinances they have in place allow a temporary homeless shelter use by right, while Plano has recently modified (June of 2011) their zoning regulations to create a new use, “Temporary Accessory Housing Shelter”, in an effort to allow the use in all zoning districts as an accessory use to religious facilities.
FINANCIAL SUMMARY:
• N/A
BOARD OR COMMISSION RECOMMENDATION:
• On July 26, 2011 the Planning and Zoning Commission voted unanimously to recommend approval of the proposed amendment to the Zoning Regulations.
• At the July 26, 2011 meeting, Commissioner Ray Eckenrode suggested that Staff look further into the possibility of whether or not a residential dwelling unit, where religious meetings are held, could temporarily house up to 14 homeless individuals as an accessory use.
• Staff has confirmed that a residential dwelling unit cannot be issued a permit (as required in the proposed definition) for an assembly occupancy as an accessory use, therefore prohibiting a temporary housing shelter in a residential dwelling unit.
• The proposed amendment does not; however, restrict a residential dwelling unit from having religious meetings in the house. Should a residential dwelling unit be converted to a non-residential church use, the structure must be modified to meet building code and have a site plan approved for said use in accordance with all non-residential standards including, but not limited to, landscaping, parking, and screening.