Title
Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “BG” - General Business District to “PD” - Planned Development District, Located at 500 W 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 11, 2025
DEPARTMENT: Development Services - Planning Department
CONTACT: Stewart Starry, Planner I
Caitlyn Strickland, AICP, Planning Manager
Jennifer Arnold, AICP, 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 March 31, 2025 meeting.
STAFF RECOMMENDATION: Staff recommends denial of the proposed rezoning request due to the proposed reductions in development standards for the proposed use.
APPLICATION SUBMITTAL DATE: December 09, 2024 (Original Application)
January 13, 2025 (Revised Submittal)
February 12, 2025 (Revised Submittal)
February 19, 2025 (Revised Submittal)
March 03, 2025 (Revised Submittal)
ITEM SUMMARY: The applicant requests to rezone approximately 0.769 acres of land for commercial uses, and to modify the criteria, street buffer, and residential adjacency buffer requirements for passenger vehicle fuel sales.
EXISTING ZONING AND LAND USES:
|
Location |
Zoning District (Permitted Land Uses) |
Existing Land Use |
|
Subject Property |
BG - General Business |
Office Use |
|
North |
RS 60 - Single Family Residence |
Single Family Residential |
|
South |
BG - General Business |
Personal Service Use |
|
East |
BG - General Business |
Single Family Residential |
|
West |
BG - General Business |
Drive -Through Restaurant |
PROPOSED ZONING: The applicant requests to rezone the subject property from "BG" - General Business District to "PD" - Planned Development District.
The site currently features an existing office building and is surrounded by a mix of land uses. To the north and east, there are existing single-family residential properties, while to the south and west, there are commercial uses of similar intensity to the existing development on-site.
While all proposed uses under the PD zoning are currently permitted under the existing BG zoning, the applicant seeks to modify certain development standards, including:
• Reducing the residential adjacency setback requirement from 20 feet to 16 feet;
• Reducing the street buffer width requirement from 20 feet to 5.85 feet; and
• Adjusting the distance requirement for passenger vehicle fuel sales from the typical 250’ to 103’ from residential properties.
The purpose of a PD zoning district is to encourage creative and high-quality site design that provides a greater public benefit than what is achievable under standard zoning regulations. However, the proposed development regulations do not incorporate any innovative or enhanced site design elements that would justify a deviation from the standard BG zoning. The request does not demonstrate an improvement in development quality or unique site constraints that would necessitate a PD zoning.
The residential adjacency buffer requirement is a strict standard under the UDC, with no available design exceptions. The proposed reduction from 20 feet to 16 feet does not provide additional screening, buffering, or design enhancements to mitigate its impact on adjacent residential properties. Given that the purpose of a PD zoning is allow for unique development project that offer a higher level of public benefit, the proposed request does not align with the zoning change approval criteria. As such, Staff is not supportive of the proposed reduction.
The request to reduce the street buffer width from 20 feet to 5.85 feet is inconsistent with the UDC’s design exception standards, which only allows a reduction in street buffer to a minimum of 10 feet. Given that this would diminish the corridor's aesthetic and functional quality, the request does not meet zoning change approval criteria. As such, Staff is not supportive of the proposed reduction.
Per the UDC, fuel pumps associated with a passenger fueling station must be setback a minimum of 250 feet from residential properties. This provision exists to minimize public health and safety risks, as well as nuisances such as noise, odors, and increased foot traffic. Reducing the required setback to 103 feet could negatively impact nearby homes, particularly in the absence of mitigating design measures such as enhanced landscaping or site orientation changes. As such, Staff is not supportive of the proposed reduction.
The requested zoning change does not meet the approval criteria for a PD district, as the proposed development does not offer additional public benefits beyond what could be achieved under standard BG zoning. Furthermore, the requested reductions to the residential buffer, street buffer width, and fuel pump separation requirements fail to meet the approval criteria for a zoning change, SUP, or design exception.
For these reasons, staff recommends denial of the rezoning request.
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 zoning 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 provide “[…] new businesses and developments that support these 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 Town Center District and is designated as the Historic Town Center - Mix placetype.
The Historic Town Center - Mix represents a transitional area between the relatively intense use of land downtown and along the highway corridors and the surrounding, urban neighborhoods. These areas display an intermediate density in both residential and commercial offerings that transition from an urban to suburban development pattern as development approaches the HTC - Residential sub-placetype. Commercial buildings tend to be multi-tenant. Residential structures are typically compact. While less dense than HTC - Downtown, streets and sidewalks are still navigable on foot and scaled to the pedestrian experience.
• 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 Town Center Mix placetype of the Town Center 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 $46,341 for the 0.769-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 two 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.