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 Detached Accessory Structures and to Modify the Development Standards, Located at 2041 Redbud Boulevard
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: March 10, 2025 (Original Application)
ITEM SUMMARY: The applicant requests to rezone approximately 21.175 acres of land, generally to allow detached accessory structures in association with drone delivery and to modify the development standards.
A previous rezoning case, 24-0103Z, was presented on February 11, 2025 to the Planning and Zoning Commission and on March 5, 2025 to the City Council. The Planning and Zoning Commission voted 7-0 to recommend approval of the request. However, the City Council’s vote of 3-2 to approve the request failed due to a quorum not being met. Councilman Franklin and Councilman Philips opposed the motion, and Mayor Fuller and Councilman Jones were absent from the meeting.
A minimum of four votes in favor of or in opposition to a request are required to either approve or deny a rezoning request. While the vote failed due to a lack of quorum, the applicant has the opportunity to submit a new request for a same or similar proposed rezoning on the subject property. The applicant is not proposing any changes to the previous request.
EXISTING ZONING AND LAND USES:
|
Location |
Zoning District (Permitted Land Uses) |
Existing Land Use |
|
Subject Property |
“PD” - Planned Development District (Office and Industrial Uses) |
Retail Sales |
|
North |
“PD” - Planned Development District (Office and Industrial Uses) |
Office, Warehouse, Indoor Commercial Entertainment |
|
South |
“PD” - Planned Development District (Office and Industrial Uses) |
Office, Warehouse, Retail Sales |
|
East |
“PD” - Planned Development District (Office and Industrial Uses) |
Major and Minor Vehicle Repair |
|
West |
“PD” - Planned Development District (Office and Industrial Uses) |
Auto, Motorcycle, Truck, or Boat, Rental or Sales |
PROPOSED ZONING: The applicant requests to rezone the subject property generally to allow detached accessory structures in association with drone delivery and to modify the development standards, as discussed further below.
The property is an existing retail sales establishment (Walmart) and the proposed rezoning is to permit detached accessory structures in support of drone delivery operations. The proposed development regulations are outlined below:
• Uses
o The applicant proposes to rezone the tract to add Drone Delivery and Detached Accessory Structures as Accessory Uses on the subject property. This added use drone delivery and accessory structures would be permitted pursuant to the criteria of the Unified Development Code (UDC), which generally requires the following:
§ Shall be located a minimum of 200 feet away from any residential use or zone.
§ Shall not be located in any required setback.
§ Shall not be located within any required landscape buffer.
§ Shall not be more than 10 percent of the lot area if the area is not located on the roof of or inside the primary building.
§ Enclosures shall be located behind the front of the primary building.
§ Storage buildings, if provided, shall be constructed using similar materials and color as the primary building.
o The applicant does not propose to change any of the other allowed uses on the subject property.
• Height
o Currently, the zoning on the subject property allows a maximum height of 45’. The applicant proposes a maximum height of 35’ for all buildings and structures with the rezoning.
• Setbacks
o Currently, the property requires a minimum front yard setback of 20’, while no setbacks are required along property lines shared with non-residential uses. The applicant proposes minimum setbacks of 25’ along all front, side, and rear property lines.
o The applicant also proposes an additional provision that would not permit any building or structure to be located within 100’ of the southern property line.
• Screening
o Typically, drone delivery is required to be screened from public view and from adjacent single-family residential uses or zones with no equipment stacked higher than the top of the screening device. Additionally, wall openings are not permitted to exceed 26 feet in width and shall have an opaque gate or door.
o Although the applicant is not meeting the strict application of screening per the UDC, they have proposed a number of provisions within the development regulations to assist in screening the accessory structures and drone delivery use:
§ The existing tree line along the eastern boundary shall be maintained by the property owner, which should help screen the detached accessory structures from the right-of-way.
§ For any tree that is removed along the eastern boundary, a canopy tree is required to be planted within the area that meets the requirements of the Unified Development Code (UDC).
§ A proposed 8’ tall ornamental metal fence is proposed around the detached accessory structures.
§ Screening is required to be installed as noted and shown on the zoning exhibit.
• Zoning Exhibit
o Development of the drone delivery and accessory structures 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.
In reviewing the request, Staff noted that the proposed detached accessory structures and drone delivery will be located behind the front façade and main entrance of the existing retail building (Walmart) within a less trafficked portion of the site. We also noted that the surrounding area is primarily consumed with industrial and commercial uses, which should buffer the drone delivery from any residential properties.
Although the proposed standards don’t strictly align with the newly adopted requirements of the UDC, this existing Walmart was developed using a new and experimental model that incorporates a number of green technologies (LEED) and we feel that the unique provisions proposed for the drone delivery and accessory structures align with the overall development concept of the site.
Staff believes that the proposed rezoning is compatible with the surrounding area and should not negatively impact any adjacent properties. As such, we recommend approval of the proposed rezoning.
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 provide “[…] new businesses and developments that support 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 Oak Hollow District and is designated as the Commercial Center placetype.
Commercial Center is characterized by big box stores or multi-tenant commercial uses. They are typically located at high volume intersections and along both sides of a highway or arterial. Commercial Centers are accessible primarily by one mode of travel, the automobile; though walkable pedestrian access should be encouraged wherever possible. Buildings are typically set back from the road behind large surface parking lots that may be prime locations for infill development.
• 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 Commercial Center placetype of the Oak Hollow 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 $911,457 for the 21.75-acre property, which should contribute to achieving an overall fiscal balance in the city. Some key takeaways for this property include:
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.