Title
Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “PD” - Planned Development District to “PD” - Planned Development District, Generally to Allow a High-Rise Telecommunication Structure and to Modify the Development Standards, Located at 4877 West University Drive
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: March 25, 2025
DEPARTMENT: Development Services - Planning Department
CONTACT: Jake Bennett, Planner II
Caitlyn Strickland, AICP, Planning Manager
Hayley Angel, AICP, Interim Director of Planning
APPROVAL PROCESS: The recommendation of the Planning and Zoning Commission will be forwarded to the City Council for final action at the April 15, 2025 meeting.
STAFF RECOMMENDATION: Staff recommends approval of the proposed rezoning request with the following special ordinance provisions:
1. The subject property shall be zoned “PD” - Planned Development District and shall be subject to the following special ordinance provision:
a. The subject property shall develop in accordance with the attached development regulations.
APPLICATION SUBMITTAL DATE: August 27, 2024 (Original Application)
December 10, 2024 (Revised Submittal)
January 22, 2025 (Revised Submittal)
February 18, 2025 (Revised Submittal)
February 25, 2025 (Revised Submittal)
March 5, 2025 (Revised Submittal)
March 10, 2025 (Revised Submittal)
ITEM SUMMARY: The applicant requests to rezone approximately 4.2259 acres of land, generally to allow a high-rise telecommunication structure and to modify the development standards uses.
EXISTING ZONING AND LAND USES:
|
Location |
Zoning District (Permitted Land Uses) |
Existing Land Use |
|
Subject Property |
“PD” - Planned Development District (Self-Storage and Watchman or Caretaker Quarters) |
Self-Storage Facility |
|
North |
“C” - Planned Center District and “PD” - Planned Development District (Commercial Uses) |
Restaurant with Drive-Through, Medical Clinic, Passenger Vehicle Fuel Sales |
|
South |
“PD” - Planned Development District (Commercial Uses) |
Office and Medical Clinic |
|
East |
“AG” - Agriculture District (Agricultural and Single Family Residential Uses) |
Single Family Residential |
|
West |
“C” - Planned Center District (Commercial Uses) |
Restaurant with Drive-Through, Medical Clinic, Passenger Vehicle Fuel Sales |
PROPOSED ZONING: The applicant requests to rezone the subject property generally to allow a high-rise telecommunication structure and to modify the development standards uses.
The property is an existing self-storage establishment (Advantage Storage), and the proposed rezoning is to permit a high-rise telecommunication structure. The proposed development regulations are outlined below:
• Uses
o The current zoning of the subject property only allows mini warehouse with an associated watchman or caretaker quarters as permitted uses.
o The applicant proposes to keep the existing uses already permitted within the current zoning and add high-rise telecommunication structure as an additional permitted use.
• Height
o The current maximum permitted building height allowed is 55’.
o The applicant proposes that the maximum permitted building height allowed would remain as 55’ and the maximum permitted telecommunication structure height to be 120’.
• Setbacks
o The property currently follows a tied-down layout in the existing zoning, and the existing buildings meet the setbacks of the Unified Development Code (UDC). The closest any of the existing buildings is to a residential property line is currently 53’.
o The minimum telecommunication structure setback included in the proposed development regulations is equal to the height of the structure, which follows the requirement of the UDC. However, the applicant proposes to tie-down a layout as part of the rezoning request, and the proposed location of the tower would be approximately 228’ from the closest residential property line.
• Screening
o The applicant proposes to follow the same screening requirements for telecommunication structures that are included in the UDC. These requirements include a 6’ tall masonry screening wall with tall evergreen shrubs planted at 3’ in height and spaced 3’ on-center around the tower and all ground mounted equipment.
o Proposed elevations of the telecommunication structure are consistent with the standard requirements outlined in Section 203H (Communication Antennas, Support Structures, and Satellite Dishes) of the McKinney UDC. All antennae are required to be located within the tower itself, per the requirements of the UDC.
o The applicant is also providing three additional requirements that are part of the current zoning:
§ The existing tree line along the Eastern property line shall be maintained by the Property owner. For any tree that is removed within this area, for any reason, the property owner is required to plant a minimum of one (1) canopy tree that meets the standards of the City of McKinney Unified Development Code (UDC) within the area.
§ No Exterior lighting shall be allowed on the perimeter of the buildings facing the adjacent eastern and southern properties.
§ No mechanical equipment shall be allowed on any roof within this zoning.
• Zoning Exhibits
o Development of the self-storage facility and telecommunication structure must generally conform to the layout included on the zoning exhibit.
o Any major deviations from the proposed layout would require a rezoning of the property.
The proposed cell tower location is positioned in the southwest sector of the subject property, opposite to the residential properties located to the east. With the closest residential property line being 228’ away, the setback distance is over 100’ beyond the height of the tower. All equipment surrounding the base of the structure are to be screened using the existing buildings and proposed masonry wall and evergreen shrubs. In addition to these screening devices, the applicant is also providing additional standards that require preservation of the tree line along the eastern boundary that is shared with the residential properties.
Staff believes that the proposed rezoning is compatible with the surrounding area and should not negatively impact any adjacent properties. As such, staff recommends approval of the proposed rezoning.
USE-SPECIFIC STANDARDS FOR COMMUNICATION ANTENNAS, SUPPORT STRUCTURES AND SATELLITE DISHES: Pursuant to Section 203H (Communication Antennas, Support Structures, and Satellite Dishes) of the McKinney UDC, the following standards also apply to telecommunication tower uses, and the extent to which the proposed project satisfies these requirements should also be considered when evaluating the rezoning request:
COLLOCATION REQUIRED: The applicant must demonstrate, to the reasonable satisfaction of the city, that no existing antenna support structure can accommodate the applicant’s service needs. Evidence submitted to demonstrate this may consist of any one of the following:
a. That a large number of the service provider’s subscribers are unable to connect or maintain a connection to the national telephone network through applicant’s wireless telecommunications network;
b. That no existing telecommunication structures, including elevated storage tanks, are located within the geographic service area which meet the applicant's engineering requirements;
c. That existing telecommunication structures are not of sufficient height or structural strength to meet the applicant's engineering requirements; and
d. That there are other limiting factors that render existing telecommunication structures unsuitable.
The applicant has provided propagation maps, attached for reference, to show that the nearest existing telecommunication structure is approximately one mile from the proposed structure. In addition, the nearest elevated storage tank is approximately 1.35 miles away. The proposed structure will accommodate the equipment for a total of three service providers. The propagation maps indicate that the proposed tower is necessary to accommodate coverage needs. The proposed high-rise telecommunication tower is proposed to be a monopole design, with the antennae equipment encased within the tower.
DESIGN STANDARDS: The applicant must meet all design standards for Design Standards for All Commercial Antennas and Telecommunication Structures, which consist of the following:
- Telecommunication structures (high-rise and low-rise) shall be of a monopole design with all associated antennae fully encased within the structure.
- Unless otherwise permitted herein, all commercial signs, lights, and attachments shall be prohibited on any antennae or telecommunication structure, unless required for communications operations, structural stability, or as required for flight visibility by the FCC and the Federal Aviation Administration (FAA).
- Any proposed telecommunications structure shall be designed in all respects to accommodate both the applicant's antennae and comparable antennae as follows:
o 2 additional users for proposed tower/structure 40’ to 100’ in height
o 3 additional users for proposed tower/structure greater than 100’ in height
- Telecommunication structures must be designed to allow for future rearrangements of antennae upon the tower and to accept antennas mounted at varying heights.
- A minimum 6-ft tall masonry screening wall with Low Evergreen Shrubs shall be provided around all associated ground equipment and/or materials. The maximum height of the masonry screening wall shall not exceed the maximum allowable screening device height of the governing zoning district.
The applicant has provided informational elevations and landscaping plans that show that all these requirements would be met. Additionally, the applicant will be required to have a site plan and landscape plan approved prior to construction of the tower that will denote these requirements.
Based on these factors, Staff feels the applicant has met our standard design standards and has demonstrated the need for the proposed tower pursuant to the specific requirements outlined in the UDC.
TELECOMMUNICATIONS ACT OF 1996
Federal regulations set forth specific limitations on the City’s authority to regulate zoning and land use decisions on wireless service facilities, such as the telecommunications tower proposed in this case. Specifically, the City:
(i) May not unreasonably discriminate among providers of functionally equivalent services.
(ii) May not regulate in a manner that prohibits or has the effect of prohibiting the provision of personal wireless services.
(iii) Must act on applications within a reasonable period of time.
(iv) Must make any denial of an application in writing supported by substantial evidence in a written record.
(v) May not make local decisions that are based directly or indirectly on the supposed environmental effects and/or health effects of radio frequency (RF) emissions.
CONFORMANCE TO THE ONE MCKINNEY 2040 COMPREHENSIVE PLAN: 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.
• Guiding Principles:
The proposed rezoning request is generally in conformance with the Guiding Principle of “Diversity (Supporting our Economy and People)” established by the Comprehensive Plan. In particular, the proposed request has the potential to “[…] focus attention and investment in each of the distinctive Districts throughout the city, so each one can appeal to its targeted market and achieve the vision described in [the] plan.”
• Preferred Scenario and Land Use Diagram Characteristics:
Per the Preferred Scenario and Land Use Diagram, the subject property is located in the Medical District and is designated as the Neighborhood Commercial placetype.
Neighborhood Commercial is typically characterized as small, freestanding buildings containing one or more businesses. Unlike larger shopping centers that may attract regional commercial sites these primarily provide services for the surrounding neighborhoods. These developments may be accessed by a variety of transportation means. Business types may include restaurants, local retail, medical offices, banks, general offices, and other services.
• 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 Neighborhood Commercial placetype of the Medical District, is in conformance with the Land Use Diagram and should be compatible with the surrounding properties.
o Fiscal Model Analysis: The attached fiscal analysis shows a positive fiscal benefit of $42,422 for the 4.2259-acre property, which 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 no letters of opposition. This does not include emails or letters that may have been sent directly to members of the Council. Staff has not received any citizen comments through the online citizen portal.