Title
Conduct a Public Hearing to Consider/Discuss/Act on Design Exception to a Site Plan (Custer Frontier Marketplace), Located on the Southeast Corner of Custer Road and Laud Howell Parkway (FM 1461)
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: September 09, 2025
DEPARTMENT: Development Services - Planning Department
CONTACT: Stewart Starry, Planner I
Caitlyn Strickland, AICP, Planning Manager
Lucas Raley, AICP, CNU-A, CFM, Director of Planning
APPROVAL PROCESS: The action of the Planning and Zoning Commission for the proposed site plan may be appealed to the City Council.
STAFF RECOMMENDATION: Staff recommends approval of the proposed site plan with the following condition(s):
1. The applicant receive approval a Design Exception to Section 206E.8.d.I of the Unified Development Code (UDC) to reduce the required residential setback from loading bays from 200 feet to 60 feet.
2. The applicant revise the landscape plan to match the layout shown on the site plan.
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: May 05, 2025 (Original Application)
June 02, 2025 (Revised Submittal)
July 07, 2025 (Revised Submittal)
July 28, 2025 (Revised Submittal)
August 08, 2025 (Revised Submittal)
ITEM SUMMARY: The applicant is proposing to construct a 148,175 square foot mixed-use commercial development (Custer Frontier Marketplace) on 23.8 acres at the southeast corner of Laud Howell Parkway and Custer Road.
PLATTING STATUS: The subject property is currently unplatted. A final plat of the subject property must be approved prior to the commencement of any development activity on the subject property.
EXISTING ZONING AND LAND USES:
|
Location |
Zoning District (Permitted Land Uses) |
Existing Land Use |
|
Subject Property |
“PD” – Planned Development District
(Commercial Uses) |
Undeveloped Land |
|
North |
“AG” – Agricultural District |
Undeveloped Land |
|
South |
“PD” – Planned Development District
(Residential Uses) |
Undeveloped Land |
|
East |
“PD” – Planned Development District
(Residential Uses) |
Undeveloped Land |
|
West |
“PD” – Planned Development District
(Commercial Uses) |
Undeveloped Land |
ACCESS/CIRCULATION:
|
Adjacent Streets: |
Laud Howell Parkway, 140’ Right-of-Way, Green Way Arterial
Custer Road, 130’ Right-of-Way, Principal Arterial |
PARKING: The applicant has satisfied the minimum parking requirements as specified within Section 206E (Vehicle Parking and Loading) of the Unified Development Code.
LOADING SPACES: The applicant has satisfied the minimum loading space requirements as specified within Section 206E (Vehicle Parking and Loading) of the Unified Development Code.
Pursuant to Section 206E.9.c (Vehicle Parking and Loading – Design Exceptions) and Section 203G.1 (Design Exceptions), the Planning and Zoning Commission may approve a Design Exception if:
• There is a compelling reason why the existing standard cannot be satisfied;
• The Design Exception will not have an adverse impact on adjacent existing or future developments;
• The Design Exception will not have an adverse impact on the public health, safety, and general welfare;
• The Design Exception is not proposed to reduce financial costs or serve as a convenience to the applicant; and
• The Design Exception complies with all additional standards outlined int eh specific section from which the Design Exception originates.
A 200-foot residential adjacency buffer for loading bays is typically required when a non-residential development shares a boundary with a residential use or zoning district. In this case, the applicant is requesting to reduce the required buffer from 200 feet to 60 feet.
To mitigate potential impacts, the applicant proposes several site enhancements while continuing to comply with all other on-site loading requirements such as minimum loading space dimensional requirements, 75 feet minimum setback distance from public street or front property line, and orientation of the loading bays being away from residential use or zoning. The proposed development will meet all other standard development standards for landscaping and screening requirements as outlined in the Unified Development Code. Specifically, the applicant proposes a 6-foot-tall masonry wall on top of the existing retaining wall along the eastern property line creating an approximately 13-foot-tall screening device at its highest point from the base of the retaining wall to the top of the masonry wall. In addition to the masonry wall, the applicant is proposing to plant evergreen shrubs planted every three feet along the property line. Additionally, canopy trees will be planted at an enhanced ratio of one tree per 30 linear feet, evenly distributed within a 20-foot-wide landscape buffer, 10 feet wider than the standard requirement.
Further mitigation measures include the construction of an 8-foot-tall masonry wing wall directly adjacent to the loading bays, as well as the installation of recessed docks rather than exposed loading bays, which will further reduce potential noise and visual impacts on adjacent residential properties.
It should be noted that while the loading bays will be approximately 62 feet from the residential zoning boundary, the adjacent property includes both a landscape buffer and an alley. These additional separations increase the effective distance between the loading bays and the nearest single-family lot to approximately 89 feet. In addition, staff received a letter of support from the owner of the adjacent property, indicating no objection to the proposed setback reduction between the proposed loading bays and the future residential properties.
Given the applicant’s comprehensive mitigation efforts ,and the support of the adjacent property owner, staff believes the reduction in setback distance will have minimal impact on the adjacent properties. The request meets the applicable Design Exception criteria. Accordingly, staff recommends approval of the requested design exception.
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 206A (Landscaping) of the Unified Development Code.
SCREENING REQUIREMENTS: The applicant has 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. The applicant has properly screened the sanitation container and has satisfied the minimum requirements as specified in Section 206C (Screening of the Unified Development Code.
LIGHTING AND GLARE REGULATIONS: The applicant will be responsible for complying with Chapter 58 (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.
ARCHITECTURAL STANDARDS: The applicant will be responsible for meeting all applicable requirements of Section 206F (Architectural Standards) of the Unified Development Code. Architectural building elevations are subject to review and approval by the Chief Building Official, prior to issuance of a building permit.
TREE PRESERVATION ORDINANCE: The applicant will be responsible for complying with the Tree Preservation Ordinance. The applicant has stated on a signed affidavit that there are no protected trees on the subject property OR submitted a tree survey, subject to review and approval of the City’s Landscape Architect.
PUBLIC IMPROVEMENTS:
|
Sidewalks: |
Required along Custer Road
|
|
Hike and Bike Trails: |
Not Applicable
|
|
Road Improvements: |
All road improvements 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 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: |
Not Applicable
|
|
Park Land Dedication Fees: |
Not Applicable
|
|
Pro-Rata: |
As determined by the City Engineer |
OPPOSITION TO OR SUPPORT OF REQUEST: Staff has received one letter 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. As part of the Planning and Zoning Commission Public Hearing(s), Staff has not received any citizen comments through the online citizen portal.
BOARD OR COMMISSION RECOMMENDATION: On August 26, 2025, the Planning and Zoning Commission voted 7-0-0 to table the request and close the public hearing.