Title
Conduct a Public Hearing to Consider/Discuss/Act on a Design Exception for a Site Plan for a Restaurant, Brew Pub and Commercial Entertainment, Outdoor (Tupps Brewery), Located at 402 East Louisiana Street
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: October 13, 2026
DEPARTMENT: Development Services - Planning Department
CONTACT: Kyara Robinson, Planner I
Cassie Bumgarner, Planning Manager
Lucas Raley, AICP, CNU-A, CFM, 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.
RECCOMENDATION ACTION: Staff recommends the Planning and Zoning Commission deny the requested site plan design exception due to the lack of conformance with Section 206C.3.e of the Unified Development Code (UDC).
However, should the applicant’s request be approved, the following conditions shall apply:
1. The applicant receives approval of the following Design Exceptions:
a. The applicant receives approval of a Design Exception to provide an alternative screening device, per Section 206C of the Unified Development Code.
Prior to issuance of a building permit:
1. The applicant satisfies the conditions as shown on the Standard Conditions for Site Plan Approval Checklist, attached.
ITEM SUMMARY: The applicant, Tupps Brewery, requests a site plan design exception to provide an alternative screening device as a result of placing fill inside the previously approved screening device, which has rendered it’s heigh inadequate to serve the intended purpose. The design exception would be applicable to the section of the concrete screening wall that is adjacent to the new soccer field which created the non-compliance.
Typically, site plans can be approved at the staff level; however, the applicant has requested a Design Exception, which requires consideration by the Planning and Zoning Commission for approval.
BACKGROUND INFORMATION:
The applicant currently operates a Restaurant, Brew Pub and Commercial Entertainment, Outdoor (Tupps Brewery), on approximately 3.906 acres, located at 402 East Louisiana Street.
The applicant requests a Design Exception to provide an alternative screening device along the southeastern boundary of the property. Specifically, the applicant proposes to maintain the existing 6-ft stacked concrete block wall and to enhance the 8-ft living screening by adding additional evergreen shrubs along the southeastern boundary of the property.
Portions of the existing 6-ft concrete block screening wall now also serve as a retaining wall for the recently constructed soccer field located within the southeast corner of the property. This site feature is deemed an outdoor entertainment use and requires adequate screening.
All non-residential developments are required to screen along all side and rear property lines where adjacent to existing residential uses or zoning districts. However, this development has the supplemental requirements of Specific Use Permit Ordinance No. 2021-07-075 which requires additional landscaping and a screening device consisting of a combination of 6-ft metal fencing and a 7.5-ft concrete block wall along portions of Andrews Street and Green Street.
APPLICATION SUBMITTAL DATE: February 9, 2021 (Original Application)
April 7, 2021 (Revised Submittal)
May 3, 2021 (Revised Submittal)
June 8, 2021 (Revised Submittal)
July 22, 2021 (Revised Submittal)
September 22, 2021 (Revised Submittal)
November 17, 2021 (Revised Submittal)
December 20, 2021 (Revised Submittal)
January 7, 2022 (Revised Submittal)
October 17, 2022 (Revised Submittal)
February 9, 2023 (Revised Submittal)
February 20, 2023 (Revised Submittal)
March 28, 2023 (Revised Submittal)
April 3, 2023 (Revised Submittal)
July 7, 2023 (Revised Submittal)
December 6, 2023 (Revised Submittal)
July 16, 2024 (Revised Submittal)
January 29, 2026 (Revised Submittal)
April 13, 2026 (Revised Submittal)
September 25, 2026 (Revised Submittal)
ZONING:
|
Location |
Zoning District (Permitted Land Uses) |
Existing Land Use |
|
Subject Property |
McKinney Town Center - Transit Village Edge SUP Ord. No. 2021-07-075 |
Restaurant, Brew Pub and Commercial Entertainment, Outdoor (Tupps Brewery) |
|
North |
McKinney Town Center - Transit Village Core |
The Flour Mill |
|
South |
RS-60 - Single Family Residential |
Single-Family, Detached |
|
East |
PD Ord. No. 2025-04-030 (Trade School Uses) and RS-60 - Single Family Residential |
Café and Trade School (Hugs Café) and Single-Family, Detached |
|
West |
McKinney Town Center - Transit Village Edge |
Tupps Brewery Parking Lot |
ACCESS/CIRCULATION:
|
Adjacent Streets: |
East Louisiana Street, 80’ Right-of-Way, Pedestrian Priority “A” Greenville Road, Variable Width Right-of-Way, Pedestrian Priority “B” Andrews Street, 40’ Right-of-Way, Pedestrian Priority “B” Green Street, 40’ Right-of-Way, Pedestrian Priority “B” |
PARKING: The applicant has satisfied the minimum parking requirements of the “MTC” - McKinney Town Center Zoning District of the Zoning Ordinance.
LOADING SPACES: The applicant has satisfied the minimum loading space requirements as specified within Section 206E (Vehicle Parking and Loading) of the Unified Development Code.
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 has satisfied all landscaping requirements of the “MTC” - McKinney Town Center Zoning District of the Zoning Ordinance.
SCREENING REQUIREMENTS: The applicant is requesting a design exception to the standard Screening Device Materials. Section 206.C.e allows applicants to request a Design Exception to provide an alternate screening device. The Planning and Zoning Commission may approve a request for a Design Exception if they find that:
I. There is a compelling reason why the existing standard cannot be satisfied;
II. The Design Exception will not have an adverse impact on adjacent existing or future developments;
III. The Design Exception will not have an adverse impact on the public health, safety, and general welfare;
IV. The Design Exception is not proposed to reduce financial costs or serve as a convenience to the applicant; and
V. The Design Exception complies with all additional standards outlined in the specific section from which the Design Exception originates.
The applicant is requesting a design exception for alternate screening device on the southeastern boundary of the site. The applicant proposes the maintenance of the existing 6-ft wall concrete block and enhancement of the existing 8-ft evergreen shrubs as a screening device.
Though this approach provides the intended opacity and screening along portions of the property’s southeastern boundary, staff finds that it does not fully mitigate concerns regarding noise and visibility. Staff believes the proposed screening device does not maintain the intent of the screening requirement, nor does it adequately meet the additional standards discussed in the approved Specific Use Permit Ordinance (SUP Ord. No. 2021-07-075) As such, Staff recommends denial of the requested design exeption.
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.
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 206F (Architectural Standards) of the Unified Development Code. 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.
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.
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(s), Staff has not received any citizen comments through the online citizen portal.