To: Mark R. Hafner, City Manager
From: Julie Smith, Community Development Director
Subject:
Title
Consider a resolution approving a site plan amendment for Milestone Church with variances regarding landscaping and site design, located on approximately 52.29-acres of land on the north side of Mount Gilead Road, approximately 1,000-feet east of U.S. Highway 377, being Lot 1 and Lot 2, Block A of Milestone Church Addition and addressed as 201 and 301 Mount Gilead Road. Milestone Church, Owner/Applicant. Halff Associates, Engineer. (SP-20-0007)
Background:
12/16/2014 - City Council approved the Milestone Church Planned Development per Ordinance 1724.
2/03/2015 - City Council approved the original Site Plan that consisted of an 86,869 square-foot church with a large parking lot consisting of 750 spaces per Resolution 3597. [The Church actually only constructed 733 spaces.]
07/10/2017 - Certificate of Occupancy was issued to Milestone Church.
10/16/2017 - Staff approved a Site Plan amendment that added 114 more parking spaces to the northwest portion of the site bringing 847 total parking spaces.
Today, Milestone Church has submitted a Site Plan amendment with a list of requests for variances regarding landscaping for the parking lot expansion, the proposed Conservation Easement, the proposed trail connections, the proposed footprint for the main building expansion (58,720), and the approximate locations for potential future buildings.
Though the proposed future buildings are yet to be designed, the expansion to the main structure is in parallel review. The footprint expansion for this building indicated on the proposed Site Plan (along with the expanded parking lot) is accurate and matches the building permit submittal. Should the City Council approve the proposed Site Plan, the approval will apply to the Conservation Easement, the parking lot expansion, the trail connections, the 58,720 square-foot building expansion, and the future buildings (assuming they will not be submitted in different locations or larger sizes).
Landscaping:
The Applicant is proposing variances to landscaping requirements related to parking lot design at the request of Staff. At the November Texas Planning Association Conference, Staff learned that parking lot islands are often too small to sustain mature tree growth. Consequently, tree canopies are too small to provide sufficient shade to reduce urban heat islands - the goal of requiring trees in parking lots (especially for communities like Keller that are in non-attainment areas for ozone). Trees die before reaching maturity, escalating costs for property owners who must replace them.
After consulting with engineers, landscape architects, and other planners, Staff asked the Church to redesign their parking lot so that the tree islands were twice as large as required by the UDC. Staff also supports the Church’s request to reduce the overall number of islands in order to accommodate these larger-sized islands. The Church’s proposal not only improves tree health and reduces maintenance, sheet-flow drainage is also better-slowed and somewhat filtered through these islands.
Landscaping Variances Requested:
1. Section 8.08 (F)(3)(i) “If the number of parking spaces exceed the Code requirements by more than ten percent (10%), a fifty (50) square foot of additional landscaping shall be provided for each additional parking space.”
Milestone Church points out that the UDC church parking requirements do not appear to adequately address the parking needs of a large Church with multiple services. Currently, there are not enough spaces to accommodate cars coming for a service while the prior service is still in session. If the Church were to comply with this requirement, additional Post Oaks would have to be removed to expand the parking area in order to accommodate the additional 27,440 square feet of required landscaping (Section 8.07(G)(11)). The parking lot expansion adds 763 spaces - 548 more parking spaces than permitted by code without additional landscaping.
2. Section 8.08 (F)(3)(h) “A minimum of 15% of all parking lots shall be landscaped.”
This variance is requested to landscape 5% in lieu of the required 15% to avoid expanding the parking area.
3. Section 8.08 (F)(3)(a) “Parking lots shall be 100% screened with shrubs or berms adjacent to all public streets.”
Given the conservation easement along Mt. Gilead and along the Church’s eastern property line, in addition to the 30’ landscape buffer along Mt. Gilead, the Church is requesting a variance from this requirement.
4. Section 8.08(F)(3)(f) “An island the size of one (1) parking space shall contain one (1) large three-inch (3”) caliper canopy tree and an island the size of two parking spaces shall contain two (2) large three-inch (3”) caliper trees.”
Staff asked the Church - and the Church accommodated - to redesign the parking lot for much larger tree islands (35’ x 40’) than required by Code (9’x40’). Professional arborists, planners, and engineers now agree that the small islands typical of most parking lots hinder a tree’s ability to mature. At the Texas State Planning Conference in November, cities were encouraged to require larger parking islands. The purpose of trees in parking lots is to reduce urban heat islands (and thus the creation of ozone in the DFW non-attainment area). However, if trees cannot mature and produce full canopies to shade concrete parking lots, not only is this purpose thwarted but property owners must replace trees every 5-10 years at significant cost. Larger islands also provide an opportunity to slow sheet flow/run-off as well as filtering out certain pollutants. A variance is being made not to place four large canopy trees in an island the size of two parking spaces but instead utilize a 35’ by 40’ parking island with only two 3” large canopy trees every 28 to 29 spaces.
5. Section 8.08 (F)(3)(b) “All parking lot islands must be a minimum of nine feet (9’) in width and twenty feet (20’) in length.”
This variance is requested to utilize 5’ by 5’ landscape islands for understory trees (Vitex) every 6 to 8 spaces in addition to the extra-large islands.
6. Section 8.08 (F)(3)(d) “For large parking lots with several rows of parking spaces, a minimum ten-foot (10’) wide continuous landscaped island shall be provided at various locations to break up the expanse of paving.”
This variance is being requested to forego the 10’ wide continuous landscaped island in favor of the extra-large (35’ x 40’) and 5x5 understory tree islands.
7. Section 8.08(F)(3)(g) “Continuous islands perpendicular to parking spaces must contain large three-inch (3”) caliper canopy trees spaced at one (1) tree per forty feet (40’).”
This variance is being requested to forego the10’ wide continuous landscaped island in favor of the extra-large (35’ x 40’) and 5x5 understory tree islands.
8. Section 8.08(F)(3)(j) “Foundation planting a minimum of five feet (5’) in width shall be provided at the fronts and sides of buildings and shall consist of a combination of groundcovers, shrubs, and ornamental trees.”
Milestone Church is asking for this variance for the expansion to match a former variance granted in 2014 for the initial building’s foundation planting requirements.
Building Expansion:
The Applicant is currently working on the TIA as it relates to the building expansion. Should the City Council approve the proposed Site Plan, Staff recommends Council utilize the Commission’s motion pending approval and acknowledgment that the TIA may require up to two turn lanes (Mt. Gilead and Ridge Point Parkway). Should the TIA require additional work, the Site Plan would have to be reconsidered by the Commission and the Council. This motion would permit the Church to begin construction on the parking lot and once the TIA is approved, on the building expansion without having to come back for a second site plan amendment.
Sidewalks and Trails:
The Applicant proposes to extend the trail connection along Mount Gilead Road and through to the (Atmos Easement) Hike and Bike Trail.
Parking:
Milestone Church currently has 847 parking spaces. The Applicant proposes to remove 144 parking spaces for the proposed expansion and add 763 parking spaces (equaling 1,466), exceeding the amount allowed per UDC. However, given the current parking challenges the Church experiences between services and the plans to expand and add facilities on site, Staff finds the variance request reasonable.
Drainage & Utilities:
The Civil Plans submitted for the Milestone parking lot expansion have been reviewed by Public Works and comments were provided. The drainage portion of the plans are currently being worked out with the City’s third-party drainage engineer. The City anticipates the drainage to be sufficient.
Variances Requested:
1. Waive requirement of 27,400 square-feet of landscaping (548 parking spaces). Because the proposal exceeds the parking requirement by over 10% (632 parking spaces above the minimum required parking calculations to 75.8%), for each additional parking space.
2. Waive 10% of the required 15% landscape area.
3. Waive requirement to plant shrubs or construct berms for the parking lot screening.
4. Waive requirement not to plant two, 3” large canopy trees in the size of two parking spaces but instead place two - 3” large canopy trees in a 35’ by 40’ parking island.
5. Waive requirement for 9’ by 20’ parking landscape island every 12 consecutive spaces and instead use 5’ by 5’ islands with understory trees every 6 to 8 parking spaces.
6. Waive requirement of continuous landscape islands through the larger parking areas.
7. Waive requirement requiring continuous islands perpendicular to parking spaces must contain large 3” canopy trees spaces at one tree per forty feet but instead utilize an understory tree.
8. Waive requirement for five foot foundation plantings on the front and sides of the proposed building expansion.
Summary:
Section 2.07(A)(2) of the UDC, lists criteria for approval of a variance(s).
a. That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Code would deprive the applicant of the reasonable use of his land.
b. That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other properties in the area.
c. That the granting of the variance will not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of this Code.
d. That the granting of the variance will not constitute a violation of any other valid ordinance of the City of Keller.
e. That strict compliance with the regulations, and/or that the purpose of the regulations will be served to a greater extent by the alternative proposal.
Citizen Input:
In September 2019, Staff received an opposition petition in regards to the removal of trees and advanced grading on the east side of the lot as it relates to the parking lot expansion. (Please see Exhibit B.) However, the plan did not indicate the 5.1-acre Conservation Easement.
A Site Plan application, even with variances, does not require a public hearing, so no public hearing notifications were sent out to the surrounding property owners for this request. The public will have an opportunity to speak on this agenda item during the “Persons To Be Heard”.
Planning and Zoning Recommendation:
On March 10, 2020, Planning and Zoning Commission made a unanimous recommendation to City Council to approve the Site Plan Amendment as presented with respect to the parking lot expansion, trail connections, and Conservation Easement. In terms of the 58,000 square-foot building expansion, the Commission moved to recommend approval pending City acceptance of the Traffic Impact Analysis (TIA). If the TIA’s recommended off-site mitigating improvements require more than turn lanes on Mt. Gilead and on Ridge Point Parkway, then the modified site plan amendment must return to the Commission for separate review and recommendation to the City Council for approval.
Alternatives:
The City Council has the following options when considering a Site Plan with variances:
- Approve as submitted (with requested variances).
- Approve with modified or additional condition(s).
- Table the agenda item to a specific date with clarification of intent and purpose.
- Deny.