Title
Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “C2” - Local Commercial District to “C3” - Regional Commercial District, Located at 1565 North Hardin Boulevard, and Accompanying Ordinance
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: August 6, 2024
DEPARTMENT: Development Services - Planning Department
CONTACT: Jennifer Arnold, AICP, Director of Planning
Caitlyn Strickland, AICP, Planning Manager
Jake Bennett, Planner II
RECOMMENDED CITY COUNCIL ACTION: Staff recommends approval of the proposed rezoning request.
APPLICATION SUBMITTAL DATE: May 6, 2024 (Original Application)
May 28, 2024 (Revised Submittal)
June 11, 2024 (Revised Submittal
June 12, 2024 (Revised Submittal)
ITEM SUMMARY: The applicant is requesting to rezone approximately 3.512 acres of land, generally for commercial uses.
EXISTING ZONING AND LAND USES:
|
Location |
Zoning District (Permitted Land Uses) |
Existing Land Use |
|
Subject Property |
“C2” - Local Commercial District (Commercial Uses) |
Undeveloped Land |
|
North |
“C2” - Local Commercial District (Commercial Uses) |
24 Hour Fitness |
|
South |
“C2” - Local Commercial District (Commercial Uses) |
Office |
|
East |
“PD” - Planned Development District (Commercial Uses) |
7-Eleven and Express Oil Change |
|
West |
“PD” - Planned Development District (Residential Uses) |
Hardin Village Subdivision and Single Family Residence |
PROPOSED ZONING: The applicant requests to rezone the subject property generally for commercial uses.
The subject property is situated near the intersection of US 380 and Hardin Boulevard, in an area along US 380 that is experiencing tremendous commercial development. The applicant’s request to rezone from the “C2” - Local Commercial Zoning District to the “C3” - Regional Commercial Zoning District is generally to allow for modified development standards on the subject property. Given its location at a major intersection and the active commercial destinations that already exist in this immediate area pursuant to the “C3” - Regional Commercial Zoning District, Staff has no opposition to the request.
While there is existing single family residential uses to the west, the properties are separated by Bois D’Arc Road, a 60’ right-of-way, and Staff notes that a combination of required and existing setbacks will result in a minimum separation between uses of over 100 feet. In particular, there is a required setback of 20’ for the commercial site adjacent to Bois D’Arc Road, and the subdivision to the north also has a 20’ common area adjacent to Bois D’Arc Road, and a side yard setback that varies in size.
As such, Staff recommends approval of the proposed rezoning.
CONFORMANCE TO ONE MCKINNEY 2040: A key aspect of the ONE McKinney 2040 Comprehensive Plan is to provide direction related to desired development patterns in the city and to inform decisions related to the timing and phasing of future infrastructure investments. To assist in guiding these decisions, the plan includes a set of Guiding Principles that provide overall guidance and a Preferred Scenario and Land Use Diagram that illustrates the desired development patterns in the city. The Preferred Scenario and Land Use Diagram are built upon a series of distinctive districts, each with a specific purpose, focus and market. Each district consists of a mix of placetypes that identify the predominate land uses and desired pattern of development for the district.
Per the Preferred Scenario, the subject property is designated as the Commercial Center placetype and is within the Collin Crossing District. Other placetypes included in this district are Professional Center, Urban Living, and Suburban Living.
• Guiding Principles: The proposed rezoning request is generally in conformance with Guiding Principle of “Diversity (Supporting our Economy and People)” established by the Comprehensive Plan. In particular, the proposed request has the potential to provide “diverse economic engines… broaden the tax base, and make the City’s economy more adaptable and resilient”.
• Preferred Scenario and Land Use Diagram Characteristics:
Per the Preferred Scenario and Land Use Diagram, the subject property is located in the Collin Crossing District and is designated as the Commercial Center placetype.
The Commercial Center placetype is characterized by big box stores or multi-tenant commercial uses. They are typically located at high volume intersections and along both sides of a highway or arterial. Commercial Centers are accessible primarily by one mode of travel, the automobile; though walkable pedestrian access should be encouraged wherever possible. Buildings are typically set back from the road behind large surface parking lots that may be prime locations for infill development.
• Land Use Diagram Compatibility:
When considering land use decisions, the city should determine that a project aligns with the Land Use Diagram and/or meets a majority of the plan’s established criteria to be considered compatible with the Land Use Diagram. The proposed rezoning request aligns with the Commercial Center placetype of the Collin Crossing District, is in conformance with the Land Use Diagram and should be compatible with the surrounding properties.
Fiscal Model Analysis: The attached fiscal analysis shows a positive fiscal benefit of $211,639 for the 3.512-acre property and should contribute to achieving an overall fiscal balance in the city.
OPPOSITION TO OR SUPPORT OF REQUEST: Staff has received no letters of support to this request and twelve 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, Staff has received seven citizen comments through the online citizen portal.
Staff has received an official written protest for the proposed rezoning request. As of July 31st, the submitted protest includes signatures from property owners representing 19.916% of the total area within 200’ of the subject property. This does not meet the threshold required by state law to require a supermajority vote by the Council for approval.
On June 25, 2024, the Planning and Zoning Commission voted 7-0-0 to table the item the item and continue the public hearing to the July 9, 2024 meeting.
On July 9, 2024, the Planning and Zoning Commission voted 5-1-0 to recommend approval of the request to the City Council.