File #: 22-0009M    Name: Amending and Relocation of Development Regulations into a Unified Development Code
Type: Ordinance Status: Regular Agenda Item
In control: Joint Meeting
On agenda: 11/15/2022 Final action:
Title: Conduct a Public Hearing to Consider/Discuss/Act on Amending Certain Provisions of Chapter 146 (Zoning Ordinance), Chapter 142 (Subdivision Ordinance), Chapter 58 (Lighting Ordinance), Chapter 122, Article IV (Fence Ordinance), Chapter 134 (Sign Ordinance), and Chapter 130, Article IV (Stormwater Management Ordinance) and Relocating the Foregoing Development Regulations into a Unified Development Code, and Accompanying Ordinance
Attachments: 1. Presentation, 2. Exhibit A
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Title

Conduct a Public Hearing to Consider/Discuss/Act on Amending Certain Provisions of  Chapter 146 (Zoning Ordinance), Chapter 142 (Subdivision Ordinance), Chapter 58 (Lighting Ordinance), Chapter 122, Article IV (Fence Ordinance), Chapter 134 (Sign Ordinance), and Chapter 130, Article IV (Stormwater Management Ordinance) and Relocating the Foregoing Development Regulations into a Unified Development Code, and Accompanying Ordinance

 

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:                     November 15, 2022

 

DEPARTMENT:                      Development Services - Planning Department

 

CONTACT:                       Jennifer Arnold, AICP, Director of Planning

                     Aaron Bloxham, Principal Planner

 

 

RECOMMENDED CITY COUNCIL ACTION:                     

                     Staff recommends approval of the proposed Ordinance.

 

ITEM SUMMARY: 

                     As part of the New Code McKinney Initiative, staff is proposing a number of text amendments to Chapter 146 (Zoning Ordinance), Chapter 142 (Subdivision Ordinance), Chapter 58 (Lighting Ordinance), Chapter 122, Article IV (Fence Ordinance), Chapter 134 (Sign Ordinance), and Chapter 130, Article IV (Stormwater Management Ordinance); including the relocation of these development regulations into a Unified Development Code.

 

                     The purpose of the proposed amendments are to implement the ONE McKinney 2040 Comprehensive Plan, integrate best practices and current trends in development, simplify the city’s regulations, improve user-friendliness, improve processes and procedures, introduce flexible tools, and encourage high-quality and mixed-use development.

 

                     In support of these goals, Staff recommends the following global amendments:

 

o                     Consolidating development regulations into a Unified Development Code (UDC);

o                     Simplifying language and requirements to improve clarity and readability;

o                     Introducing graphics, illustrations and tables to illustrate code provisions where possible; and

o                     Better aligning procedures, processes, and regulations with common practice and state/federal law requirements;

 

TEXT AMENDMENTS

                     As it relates to the Zoning Ordinance, the most noteworthy text amendments include:

o                     Introducing new zoning districts;

o                     Updating residential and non-residential space limits;

o                     Consolidating, modifying, and adding uses to the schedule of uses;

o                     Adding “permitted with criteria” to the schedule of uses;

o                     Updating parking ratios and parking lot landscaping requirements;

o                     Updating standards for accessory structures (including ADUs);

o                     Creating “design exception” process for certain requirements;

o                     Establishing aerial tree exhibit option for tree preservation;

o                     Modifying certain screening requirements and allowances; and

o                     Establishing residential adjacency standards.

 

                     As it relates to the Subdivision Ordinance, the most noteworthy text amendments include:

o                     Modifying platting procedures to be more consistent with other North Texas cities and state law; and

o                     Minor changes throughout.

 

                     As it relates to the Lighting Ordinance, the most noteworthy text amendments include:

o                     Updating the procedure for calculating luminance; and

o                     Major reformatting throughout.

 

                     As it relates to the Fence Ordinance, the most noteworthy text amendments include:

o                     Minor changes throughout.

 

                     As it relates to the Sign Ordinance, the most noteworthy text amendments include:

o                     No changes - only relocation into the Unified Development Code (UDC).

 

                     As it relates to the Stormwater Management, the most noteworthy text amendments include:

o                     No changes - only relocation into the Unified Development Code (UDC).

 

ADOPTION AND IMPLEMENTATION

                     As part of the adoption and implementation of the new Unified Development Code, Staff recommends a 6-month “dual code” window for the Zoning Regulations.

                     During this time, applicants have the option to submit new development projects for review under the existing Zoning Ordinance (Chapter 146) or pursuant to the newly adopted Zoning Regulations found within the UDC.

 

                     As proposed, the “dual code” will be available for applications submitted from November 15, 2022 to May 15, 2023.

 

 

BACKGROUND INFORMATION: 

                     An update to the City’s development regulations is a priority implementation measure identified in the ONE McKinney 2040 Comprehensive Plan.

 

                     The New Code McKinney Initiative builds on the work of the Comprehensive Plan by reviewing and modernizing key components of the City’s development code so that they better align with the vision described in the ONE McKinney 2040 Comprehensive Plan.

 

                     In the spring of 2019, the city entered into a professional services agreement with a consultant (Clarion Associates) in support of the code overhaul initiative. The major project tasks and milestones of the initiative are as follows:

 

Task 1. Project Orientation and Management (LAUNCHED JULY 22, 2019)

Task 2. Short-Term Priority Amendments (COMPLETE)

Task 3. Code Assessment (COMPLETED JANUARY 2020)

Task 4. Prepare Draft Development Code

 4a. Administration and Procedures (Draft Complete)

 4b. Zoning Districts and Uses (Draft Complete)

 4c. Development and Design Standards (Draft Complete)

 4d. Consolidated Code (Draft Complete)

Task 5. Adoption (ANTICIPATED COMPLETE)

 

                     As part of the New Code McKinney Initiative, the project team established a very deliberate public involvement strategy whereby stakeholders at all levels could participate in the process. This included:

o                     Establishment of dedicated New Code McKinney website;

o                     Kick Off meetings with Staff, developers, and city officials;

o                     Various public surveys;

o                     Various public meetings, presentations, and work sessions;

o                     Technical reviews by staff and the McKinney Development Committee (MDC);

o                     Targeted stakeholder meetings with large land owners and businesses;

o                     Open “drop-in” informational sessions; and

o                     Active social media campaign.