To: Planning and Zoning Commission
From: Sarah Hensley, Director of Community Development
Subject:
Title
PUBLIC HEARING: Consider a request to rezone from Single Family - 36,000 square-foot minimum lot size (SF-36) and Retail to Planned Development-Retail (PD-R), for approximately 17.52 acres, legally described as Tract 1F, Abstract 1153, John Martin Survey, Lot 1R, Block A - Sutton’s Nursery Addition, Tract 1D01A, Abstract 1153, John Martin Survey, and portions of Lot 7, Block 1, Pearson Crossing and Tract 1D01, Abstract 1153, John Martin Survey addressed as 1863 Keller Parkway, 1823 Keller Parkway, 1850 Pearson Crossing, 1908 Pearson Crossing, and 1816 Johnson Road. Ruibal Properties LLC, Applicant. Ruibal Properties, Don Dinger and Devane Clark Partnership LTD, Owners. (ZONE-2408-0003)
Background:
The subject property has been considered for planning and zoning actions several times since the site began operating as Sutton Nursery in 1996. The basic timeline is as follows:
• May 2010: Specific Use Permit (SUP) approved by City Council for nursery use for Landscape Systems
• December 2020: SUP approved by City Council for Landscape Systems for Light Manufacturing of live edge furniture
• December 2022: Rezone from SF-36 to Retail and Future Land Use Plan amendment for portions of the Applicant’s property failed at City Council; Site Plan Amendment with Variances and SUP for light manufacturing, greenhouses/nursery and outside storage for plant material and vehicles - no action taken after rezone failed
• February 2024: Following staff review, the Applicant’s Planned Development (PD) Zoning Change and Future Land Use Plan (FLUP) amendment requests were scheduled and noticed for Planning & Zoning Commission consideration, but were withdrawn by the Applicant before the meeting
The Applicant is requesting to rezone the property from Single Family - 36,000 square-foot minimum lot size (SF-36) and Retail to Planned Development-Retail (PD-R) to operate a full-service landscape business with two separate zoning areas.
The project is proposed to be completed in two phases, with Phase II construction to commence after approval by the Federal Emergency Management Agency (FEMA) of the Applicant’s submission for reclamation of the existing floodplain. The Applicant has provided a detailed site plan, including a landscaping plan, for consideration with the Planned Development proposal.
Zoning and Permitted Uses:
The Applicant proposes two separate zoning areas, as shown on Exhibit A.
Zoning Area A will include:
• Retail sales
• Garden center
• Greenhouses
• Outdoor plant display
• Maximum of three (3) elevated fuel tanks within an enclosure
• All other uses allowed within the Retail Zoning District
• Two (2) pickleball courts
Zoning Area B will include:
• Landscape contractor yard and wholesale plant material maintenance
• Staging
• Shop
• Storage
• Loading area
• Light manufacturing wholly enclosed within a building
The proposed development standards state that no Retail uses shall be located in Zoning Area B.
Surrounding Zoning:
North: SF-36
South: Planned Development - Retail (PD-R), Retail, Office and Planned Development 1463 - SF-36
East: SF-36
West: SF-36, Planned Development - Retail, Retail
Current Future Land Use Plan (FLUP) Designation: Low-Density Single Family - 36,000 S.F. lots and above (LD-SF) and Retail/Commercial (RTC).
Surrounding Land Uses:
North: LD-SF
South: Office and High-Density Single-Family - 8,000 to 14,999 square-foot lots (HD-SF)
East: LD-SF and Retail/Commercial (RTC)
West: LD-SF and RTC
The Applicant is also requesting a Future Land Use Plan (FLUP) amendment from Low-Density Single Family 36,000 square-foot lots and above (LD-SF) to Retail/Commercial for approximately 3.52 acres within the subject property. The rest of the site is already designated RTC on the FLUP. The FLUP amendment request is on the agenda as a separate item.
Setbacks:
Front yard: 30’ (along Keller Parkway)
Side yard: 15’ along west property line of Zoning Area A (shared property line with Altus/The Bowden); 60’ for all other side setbacks
The proposed roll-off dumpster enclosure will encroach the 60’ side setback along the western property line.
Rear yard: 60’
Structures:
The guidelines for the Retail Zoning District (UDC Section 8.16) have no minimum structure size or maximum number of structures per lot.
The Applicant proposes one fully enclosed building with a maximum size of 20,000 square-feet that will include the existing Retail Sales/Garden Center/Greenhouse building, which is 13,647 square-feet. Proposed additions to the structure (A) 188 SF and (B) 1,311 SF (as shown on Exhibit B) bring the building total to 15,146.
All other structures will be open air/greenhouse structures and will not be fully enclosed:
(C) Open air pavilion (1,596 SF) with courtesy lounge (225 SF)
(D) Shade structures located at the southwest corner of the property (two at 1,250 SF each)
(E) Phase II shade structure (3,040 SF)
(F) Canopy cover/equipment cover located in Zoning Area B (1,920 SF)
The Applicant also proposes to construct two pickleball courts as part of Phase II.
Open Space and Trail:
UDC Section 8.27(I) requires all PDs to have a minimum of 15% open space.
The proposed site plan includes 344,610 SF, or 45.2% of the total site area in open space.
UDC Section 7.01(5) gives City Council the authority to require trail construction in accordance with the Citywide Trail System Master Plan standards.
The Applicant’s site plan shows a 10-foot wide trail with varying alignment along the eastern side of the property, to be constructed as part of Phase II. This trail connection complies with the city’s trail plan.
Landscaping, Buffers, Screening and Fencing:
UDC Section 9.03(F)(1)(a) requires a minimum 30’ landscape buffer adjacent to all thoroughfares with four or more lanes as classified on the city’s Thoroughfare Plan.
The Applicant proposes a 15’ landscape buffer along Keller Parkway, only for the section west of the main entry.
All other landscape buffer widths meet the Retail Zoning District standards.
UDC Section 9.09(B) requires masonry screening walls between non-residential developments and single-family zoning districts.
The Applicant proposes no masonry wall or additional landscaping to be required along the north and east property lines (creek boundary) due to existing heavy vegetation
An eight-foot-tall masonry screening wall shall be required along the western and southern boundaries of Zoning Area B.
UDC Section 9.03(c) requires minimum three-inch caliper trees in all buffers not adjacent to thoroughfares.
The Applicant’s landscape plans show no new planting within the ten-foot buffer along the south and west property lines adjacent to PD-Retail and Retail zoning.
UDC Section 9.08(F) prohibits wooden and chain link fencing in non-residential zoning districts unless specifically requested on a site plan and approved by City Council
The Applicant proposes a six-foot cedar fence to screen the elevated fuel tanks and chain link fencing with mesh screening for the pickleball courts.
Parking:
The parking ratio for retail is one space per 200 square-feet of gross floor area (UDC Section 9.02), bringing the total parking requirement to 76 spaces plus required accessible spaces. The Applicant intends to provide 26 spaces plus temporary overflow parking on the eastern-most lot during Phase I. In Phase II, 68 spaces will be constructed, which will include eight spaces required by the pickleball courts.
Full total required spaces (both phases combined): 84 spaces
Total spaces provided (after Phase II construction): 96 spaces
Roadway Access:
The Applicant will remove one drive off Keller Parkway and continue to utilize the existing access point along the western property line. No other access points or roadway improvements are proposed.
Lighting:
The Applicant submitted a photometric plan with the site plan application and intends to meet all UDC requirements for site and building mounted lighting.
Hours of Operation:
The facility will operate between the hours of 6:00 a.m. and 7 p.m. These hours include staff operations and hours the business is open to the public.
Summary:
Section 4.03 (A) of the UDC states that when considering an amendment to the zoning regulations or zoning change request, the Planning and Zoning Commission and City Council shall consider the following factors:
1. Appropriateness of all the uses permitted by the proposed change for the immediate area concerned, and the relationship of the proposed uses to the general area and to the City as a whole.
2. Agreement of the proposed change with any existing or proposed plans for providing streets, water supply, sanitary sewers, and other utilities to the area.
3. The amount of vacant land currently classified for similar development in the City, and any special circumstances that may make a substantial part of such vacant land unavailable for development.
4. The rate at which land in the same zoning classification has recently been developed, particularly in the vicinity of the proposed change.
5. Effect on other areas designated for similar development if the proposed amendment is approved.
6. Conformity with the goals and objectives for future developments within the Future Land Use Plan for the City of Keller.
7. Any other factors which will substantially affect the health, safety, morals or general welfare of the citizens of the City of Keller.
Citizen Input:
On May 15, 2025, the City mailed out 36 Letters of Notification for this Public Hearing to all property owners within three-hundred feet (300’) of the subject site. A public hearing notice sign was posted on the site.
Staff has received no written support or opposition regarding this request.
Alternatives:
The Planning and Zoning Commission has the following options when considering a Zoning Change:
• Recommend approval as submitted.
• Recommend approval with modifications or additional amendment(s).
• Table the agenda item to a specific date with clarification of intent and purpose.
• Recommend denial.
City Council Action:
If the Planning and Zoning Commission takes action and makes a recommendation on this agenda item, then this Zoning Change application will be scheduled for City Council action on June17, 2025.