To: Planning & Zoning Commission
From: Sarah Hensley, Director of Community Development
Subject:
Title
Consider a request for a Site Plan with one variance for a 1.33-acre lot, located approximately 240 feet northeast of the Keller Parkway and Cindy Street North intersection, legally described as Lot 1, Block A of the Rhima Shops Addition and addressed 525 Keller Parkway. S&B Fencing, Applicant. NSL Property Holdings, Owner. (SITE-2503-0004)
Background and Variance Requested
The existing structure was built in 1965 and is approximately 1,200 square-feet. The current owner acquired the property in 2011 and platted the property in 2023 with the intention of developing the site with a multitenant retail center. In 2024, the owner decided instead to make some basic cosmetic improvements to the site and leased the existing structure (formerly occupied by OK SOD) to S&B Fencing for their business office.
Amongst the improvements made by the owner was the removal of a chain-link fence across the front of the property and the installation of an eight-foot tall fence with stained wood. Staff was made aware of the fence in August 2024 and confirmed it was built without a permit.
Unified Development Code (UDC) Section 9.08 - Fencing requirements in multi-family and non-residential districts, Subsection F, states “wood, barbed wire, or chain link fencing is prohibited unless specifically requested on a site plan and approved by the City Council. When a site plan is not applicable, the Zoning Board of Adjustment (ZBA) may consider variances to this requirement.”
The owner requested a variance from the ZBA for the fence material and was denied on November 4, 2024 by a vote of 2-2. Section 211.009 of the Texas Local Government Code requires that a concurring vote of 75% of the members of the ZBA is necessary to approve a variance.
Following the denial by ZBA, the owner and new tenant submitted a site plan application with the sole purpose of seeking approval of the wooden fence. This request is unusual in that no development is proposed. If/when the property owner decides to either expand the existing structure or construct a new building, a new site plan will be required that addresses all requirements for non-residential development, including landscaping, lighting, parking, etc.
Site Layout:
The owner made cosmetic improvements to the structure but has no plans to expand the footprint or construct additional buildings on the site at this time. They also added some hardscape elements and restriped the parking lot. There are 15 parking spaces on site.
Zoning:
The subject property is zoned Retail. Surrounding zoning is as follows:
North: Single-Family Residential 8,400 square-foot lots
South: Retail
East: Retail
West: Retail
Land Use:
The subject property is designated Retail/Commercial (RTC) on the city’s Future Land Use Plan (FLUP). Surrounding land use designations are as follows:
North: High-Density Single Family Residential (HD-SF)
South: RTC
East: RTC
West: RTC
Variance Requested:
1. A variance request to allow a wooden fence in a non-residential zoning district.
Summary:
Section 2.07(A)(2) of the UDC lists criteria for approval of a variance, the Planning and Zoning Commission and City Council shall consider the following factors:
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:
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 “Persons To Be Heard.”
Alternatives:
The Planning and Zoning Commission has the following options when considering a Site Plan with variances:
- Recommend approval as submitted (with requested variances).
- Recommend approval with modified or additional condition(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 Site Plan application will be scheduled for City Council action on May 6, 2025.