Title
Consider/Discuss/Act on the Request by Cross Engineering Consultants, Inc., on Behalf of IVEFERR Investments, L.P., for Approval of an Amending Plat for Lot 1, Block A, of the McDonald Office Park East Addition, Approximately 0.45 Acres, Located on the East Side of McDonald Street and Approximately 200 Feet South of Davis Street.
Summary
MEETING DATE: December 15, 2009 - Regular Meeting
DEPARTMENT: Development Services - Planning
CONTACT: Abra R. Nusser
RECOMMENDED CITY COUNCIL ACTION: Staff recommends approval of the proposed amending plat, with the following conditions:
The applicant satisfy the conditions as shown on the Standard Conditions for Amending Plat Approval Checklist, attached.
The applicant receive approval of a variance from Section 142-105 (Improvements) of the Subdivision Ordinance to allow the minimum right-of-way width of Wilcox Street to be reduced from 50 feet to 40 feet.
Prior to filing the plat for record:
The applicant revise the plat to reflect an amending plat (instead of minor replat) in the dedication language.
ITEM SUMMARY:
· The applicant is proposing to combine approximately 0.45 acres of land from three lots into one lot, located between State Highway 5 (McDonald Street) and Wilcox Street and approximately 200 feet south of Davis Street. The three lots are a parking lot currently, but the applicant has an associated site plan (09-141SP) for a 4,770-square foot office building (McDonald Office Park East) which was approved at the Planning and Zoning Commission on October 27, 2009.
· The City Council has the authority to grant variances as outlined in the Subdivision Ordinance such as, when there are special circumstances or conditions affecting the property in question, enforcement would deprive the applicant of a substantial property right, or that the variance, if granted, will not be detrimental to the public welfare. Pecuniary interests standing alone shall not be justification for granting a variance.
BOARD OR COMMISSION RECOMMENDATION:
· The proposed amending plat has not been considered by the Planning and Zoning Commission. In accordance with Section 142-8 (Variances and Appeals) of the Subdivision Ordinance, variance requests are not required to be considered by the Planning and Zoning Commission prior to being considered by the City Council.
APPLICATION SUBMITTAL DATES:
· September 28, 2009
· November 4, 2009
· November 16, 2009
PLATTING STATUS:
· The property is currently platted as Lots 817, 819, and 820 of McKinney Outlots. The amending plat proposes to combine the three tracts into Lot 1, Block A of the McDonald Office Park East Addition. The applicant will be required to file the plat with the Collin County Clerk, prior to issuance of a building permit.
SURROUNDING ZONING AND LAND USES:
Subject Property: “BG” - General Business District (Commercial Uses)
· North “BG” - General Business District (Commercial Uses) Delta Bail Bonds
· South “BG” - General Business District (Commercial Uses) Aflac Regional Office
· East “ML” - Light Manufacturing District (Light Industrial Uses) TNT Amusement and Vacant Building
· West “GC” - Government Complex District and “H” - Historic Preservation Overlay District (Municipal Service Uses) Future City Hall Complex
Discussion: The proposed office is an allowed use on the subject property per the governing “BG” - General Business District.
ACCESS/CIRCULATION:
· Adjacent Streets: State Highway 5 (McDonald Street), Variable Width Right-of-Way, Major Regional Highway Wilcox Street, 40-Foot Right-of-Way, Local Street
· Per the approved associated site plan (09-141SP), an east-west drive aisle will be provided, which connects to State Highway 5 (McDonald Street) on its west side and Wilcox Street on its east side.
· The City of McKinney Subdivision Ordinance requires a minimum of 50 feet of right-of-way for residential streets. Since Wilcox Street has a 40-foot right-of-way, which is less than 50 feet, a variance to the Subdivision Ordinance is required. The Engineering Department is in support of the variance to allow the right-of-way width of 40 feet for Wilcox Street and to not dedicate additional right-of-way since the existing right-of-way width is adequate for the movement of vehicular traffic in the area.
TREE PRESERVATION ORDINANCE:
· The applicant will be responsible for complying with the Tree Preservation Ordinance, and for submittal of a tree survey or tree preservation plan, as determined by the City Arborist. The applicant will also be responsible for applying for all necessary permits for any tree removal that is to occur on site.
PUBLIC IMPROVEMENTS:
· Amending plats do not trigger the requirements for public improvements, only required dedications. As such, there are no required public improvements associated with this plat.
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 are applicable (Ordinance No. 2008-10-173, and as amended)
· Utility Impact Fees are applicable (Ordinance No. 2008-10-174, and as amended)
· Median Landscaping Fees are not applicable
· Park Land Dedication Fees are not applicable
· Pro-Rata Fees are not applicable
OPPOSITION TO OR SUPPORT OF REQUEST:
· Staff has received no comments in support of or opposition to this request.