File #: 22-0109SP    Name: Subzi Mandi Site Plan Variance
Type: Agenda Item Status: Approved
In control: Planning & Zoning Commission
On agenda: 7/25/2023 Final action: 7/25/2023
Title: Conduct a Public Hearing to Consider/Discuss/Act on a Site Plan for a Retail Development (Subzi Mandi), Located on the Southeast Corner of Westridge Boulevard and Coit Road
Attachments: 1. Standard Conditions Checklist, 2. Location Map and Aerial Exhibit, 3. Letter of Intent, 4. Ex. PD Ord. No. 2001-08-087, 5. Proposed Site Plan, 6. Proposed Landscape Plan, 7. Presentation

Title

Conduct a Public Hearing to Consider/Discuss/Act on a Site Plan for a Retail Development (Subzi Mandi), Located on the Southeast Corner of Westridge Boulevard and Coit Road

 

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:                     July 25, 2023

 

DEPARTMENT:                      Development Services - Planning Department

 

CONTACT:                       Jake Bennett, Planner I

                     Caitlyn Strickland, AICP, Planning Manager

                     Jennifer Arnold, AICP, 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 denial of the proposed site plan due to lack of conformance with Section 146-131 (Off-Street Loading) of the Zoning Ordinance.

 

However, should the applicant’s request be approved, the following conditions shall apply:

 

1.                     The applicant receive a variance to construct a loading dock and associated loading space within 200’ of adjacent single family residential uses.

 

2.                     The applicant revise the landscape plan to provide two more canopy trees within the required landscape buffer adjacent to Coit Road, per Section 146-135 (Landscape Requirements) of the McKinney Code of Ordinances.

 

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:                     October 3, 2022 (Original Application)

                                                                                                                              January 30, 2023 (Revised Submittal)

                                                                                                                              April 4, 2023 (Revised Submittal)

                                                                                                                              May 18, 2023 (Revised Submittal)

                                                                                                                              June 16, 2023 (Revised Submittal)

                                                                                                                              July 7, 2023 (Revised Submittal)

 

ITEM SUMMARY: The applicant is proposing to construct a 52,000 square foot retail, restaurant, and office development (Subzi Mandi) on 4.67 acres at the southeast corner of Westridge Boulevard and Coit Road.

 

Typically, site plans can be approved at the staff level; however, the applicant has requested a variance, which requires consideration by the Planning and Zoning Commission for approval.

 

Specifically, the applicant requests a variance to construct a loading dock and associated loading space within 200’ of adjacent single family residential uses, which is a requirement in both Chapter 146 (Zoning Regulations) of the McKinney Code of Ordinances and the Unified Development Code.

 

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 platted as Lot 33R, Block U of the Heights at Westridge Addition, an amending 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 2001-08-087 (Commercial Uses)

Undeveloped Land

North

City of Frisco

Undeveloped Land

South

PD 2014-10-078 (Single Family Residential Uses)

Heights at Westridge Subdivision

East

PD 2014-10-078 (Single Family Residential Uses)

Heights at Westridge Subdivision

West

City of Frisco

Ridgeview at Panther Creek Subdivision

 

ACCESS/CIRCULATION:                      

 

Adjacent Streets:

Westridge Boulevard, 6-Lane Right-of-Way, Major Arterial  Coit Road, 6-Lane Right-of-Way, Major Arterial

 

PARKING: The applicant has satisfied the minimum parking requirements as specified within Section 146-130 (Vehicle Parking) of the McKinney Code of Ordinances.

 

LOADING SPACES: The applicant requests a variance to Section 146-131 (Off-Street Loading) of the McKinney Code of Ordinances in order to construct a loading dock within 200’ of adjacent single family residential uses.

 

Section 146-131 allows applicants to request a variance to the loading dock requirements and seek approval from the Planning and Zoning Commission. A variance may be granted if the Planning and Zoning Commission finds that:

 

a.                     Unique circumstances exist on the property that make application of specific items in this section unduly burdensome on the applicant;

b.                     The variance will have no adverse impact on current or future development;

c.                     The variance is in keeping with the spirit of the zoning regulations, and will have a minimal impact, if any, on the surrounding land uses; or

d.                     The variance will have no adverse impact on the public health, safety and general welfare.

 

Per the site plan, the applicant proposes to construct the loading dock 46’6” from the southern property line and 115’ from the eastern property line. Both property lines are adjacent to existing single family residences (Heights of Westridge).

 

The requirement to maintain a 200’ distance exists to ensure that adequate space is provided between commercial servicing activities and adjacent residential uses. In reviewing the variance request, Staff has concerns with the degree to which the applicant exceeds the typical requirement and the lack of additional enhancements or features to mitigate potential impacts of the reduced spacing. Staff also does not feel that any unique circumstances exist on the site (i.e. configuration or size constraints) that would make application of the typical requirement unduly burdensome.

 

As such staff is not comfortable with the variance request and recommends denial.

 

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 will satisfy all landscaping requirements as specified in Section 146-135 (Landscaping Requirements) of the McKinney Code of Ordinances. As part of the listed conditions, the applicant shall provide two more canopy trees within the landscape buffer adjacent to Coit Road.

 

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 McKinney Code of Ordinances.

 

LIGHTING AND GLARE REGULATIONS:  The applicant will be responsible for complying with Chapter 58 (Lighting and Glare Regulations) of the 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 McKinney Code of Ordinances. 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 Westridge Boulevard and Coit Road

Hike and Bike Trails:

Required along Westridge Boulevard and Coit Road

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 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, Staff has not received any citizen comments through the online citizen portal.