Title
Consider/Discuss/Act on a Site Plan for Indoor Commercial Amusement (Tivona Event Center), Located at the Southwest Corner of South Lake Forest Drive and Virginia Parkway
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: April 2, 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 site plan with the following condition:
1. The applicant receive city approval and filing of a shared parking agreement for 98 spaces that will be shared between Lots 1-3.
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.
It should be noted that the zoning for the property was established by PD Ordinance No. 1997-05-34. The applicant is not requesting a change in zoning and is only requesting approval of a site plan. Staff has reviewed the site plan and found it to be in compliance with the PD Ordinance and all other development requirements applicable to the proposed project. Under Texas law, the governing body responsible for approving site plans has the ministerial function of approving those plans that comply with the zoning and development requirements of the city.
APPLICATION SUBMITTAL DATE: February 21, 2022 (Original Application)
June 1, 2022 (Revised Submittal)
July 19, 2023 (Revised Submittal)
September 15, 2023 (Revised Submittal)
September 29, 2023 (Revised Submittal)
March 19, 2024 (Revised Submittal)
ITEM SUMMARY: The applicant is proposing to construct a 46,704 square foot indoor commercial amusement use (Tivona Event Center) on 14.01 acres at the southwest corner of South Lake Forest Drive and Virginia Parkway.
Typically, site plans can be approved at the staff level; however, the existing “PD” - Planned Development Zoning District for the subject property requires that a site plan be reviewed by the Planning and Zoning Commission and City Council and approved according to the procedures of the Zoning Ordinance.
This site plan is being reviewed under Chapter 146 (Zoning Regulations) of the McKinney Code of Ordinances, as it was submitted prior to the adoption of the Unified Development Code (UDC) on November 15, 2022.
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 |
“PD” - Planned Development District (Commercial and Residential Uses) |
Multi-Tenant Commercial Building, 7-Eleven, The Villages of Lake Forest Phase 1 |
|
South |
“PD” - Planned Development District (Residential Uses) |
Stone Brook Crossing Phase 1 |
|
East |
“O” - Office District (Office Uses) |
Undeveloped Land |
|
West |
“PD” - Planned Development District (Commercial and Residential Uses) |
Multi-Tenant Office Building |
ACCESS/CIRCULATION:
|
Adjacent Streets: |
Virginia Parkway, 6-Lane Right-of-Way, Major Arterial South Lake Forest Drive, 4-Lane Right-of-Way, Greenway Arterial |
PARKING: The applicant has satisfied the minimum parking requirements as specified within Section 146-130 (Vehicle Parking) of the Zoning Ordinance. Under the allowances of Section 146-130 (Vehicle Parking) of the Zoning Ordinance, the applicant shall receive approval and filing of a shared parking agreement prior to the issuance of a building permit.
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.
Following the March 12, 2024 Planning and Zoning Commission meeting, the applicant has updated the site plan to relocate the proposed dumpster enclosure to the southeast corner of the site so that it is situated further from residential property lines than originally proposed.
LANDSCAPING REQUIREMENTS: The applicant has satisfied the minimum landscape requirements as specified within Section 146-135 (Landscape Requirements) of the Zoning Ordinance.
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 146-132 (Fences, Walls, and Screening Requirements) of the Zoning Ordinance.
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 146-139 (Architectural and Site Standards) of the City of McKinney Zoning Ordinance. 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 submitted a tree survey, subject to review and approval of the City’s Landscape Architect.
PUBLIC IMPROVEMENTS:
|
Sidewalks: |
Required along Virginia Parkway |
|
Hike and Bike Trails: |
Not Required |
|
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 no letters of support to this request and three letters of opposition. This does not include emails or letters that may have been sent directly to members of the Council or Commission. Staff has received fifty-three citizen comments through the online comment portal.
BOARD OR COMMISSION RECOMMENDATION: On March 12, 2024, the Planning and Zoning Commission voted 7-0-0 to table the item to the March 26, 2024 Planning and Zoning Commission meeting.
On March 26, 2024, the Planning and Zoning Commission voted 7-0-0 to recommend approval of the proposed site plan.