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File #: 25-552    Version: 1
Type: New Business Status: Approved
File created: 7/22/2025 Meeting Body: City Council
On agenda: 8/5/2025 Final action: 8/5/2025
Title Search: Consider a resolution approving a Final Plat with variances for Lots 1 and 1A, Block A of the Inspired Ranch subdivision, being 5.18 acres, located approximately 1,448 feet northeast from the Florence Road and Ottinger Road intersection, being a replat of Lot 1, Block A of the Inspired Ranch subdivision, zoned Single-Family 36,000 minimum square-foot lots (SF-36), and addressed 1289 Ottinger Road. James Heath Malone, Owner. Johnathan Savas, Applicant. (PLAT-2505-0010)
Attachments: 1. 080525_1289 Ottinger Plat_Resolution, 2. 080525_1289 Ottinger Plat_Maps, 3. 080525_1289 Ottinger Plat_Plat, 4. Item H-4 - 1289 Ottinger Rd Plat_CC.pdf

To:                     Aaron Rector, City Manager

From:                     Alexis Russell, Planner II

Subject:                     

Title

Consider a resolution approving a Final Plat with variances for Lots 1 and 1A, Block A of the Inspired Ranch subdivision, being 5.18 acres, located approximately 1,448 feet northeast from the Florence Road and Ottinger Road intersection, being a replat of Lot 1, Block A of the Inspired Ranch subdivision, zoned Single-Family 36,000 minimum square-foot lots (SF-36), and addressed 1289 Ottinger Road. James Heath Malone, Owner. Johnathan Savas, Applicant. (PLAT-2505-0010)

Body

 

Background:

The subject property was originally platted in March 2023 as Lot 1, Block A, of the Inspired Ranch subdivision.

 

The purpose of this plat is to subdivide an existing 5.18-acre plat into two single-family residential lots. The plat request includes variances to Section 5.13 of the Unified Development Code.

Current Zoning: SF-36

 

Surrounding Zoning:

North: SF-36

South: SF-36

East: SF-36

West: SF-36

 

Future Land Use Plan:

The Future Land Use Plan (FLUP) designates the property as Low-Density Single Family - 36,000 S.F lost and above (LD-SF).

 

Surrounding Land Uses:

North: LD-SF

South: LD-SF

East: LD-SF

West: LD-SF

 

Streets/Access: VARIANCE REQUESTED

UDC Section 5.13 (B) states that minimum width of access easements for all platted/replatted lots shall be 60'. The Applicant requests a variance for the access easement to be a minimum of 35’.

 

Tree Preservation: MEETS

The Applicant proposes to remove only the trees located within the proposed driveways and build pads for the new home.

 

Lots: VARIANCE REQUESTED   

UDC Section 5.13 (I) states that flag lots are not permitted except under special circumstances upon receiving a recommendation by the Planning and Zoning Commission and approval by City Council.

 

The UDC defines a flag lot as lots that do not meet the minimum lot width and frontage requirements of the established zoning district because the sole point of access to a street is a narrow projecting strip of land.

 

The proposed Lot 1-A, Block A does not have frontage onto a public roadway, which makes it a flag lot.

 

UDC Section 5.13 (I)(2) also states that the City Council may, upon a recommendation by the Planning and Zoning Commission, waive the lot width requirement and permit a flag lot if it finds that either:

a.                     A significant geographical, topographical, or other permanent constraint, including existing structures, presents a hardship to subdivision complying with this Code and creation of a flag lot is deemed the optimum solution.

Or

b.                     The creation of a flag lot is not permanent and will, by means of future planned streets or adjacent development, be eliminated when those streets or adjacent development(s) are completed.

Or

c.                     When necessary to accommodate the function of hiding or concealing utility buildings/substation, or radio, television or communication towers.

And

d.                     The pole area of the flag lot is not included for purposes of calculating the minimum lot area under the established zoning district in which it sits.

e.                     The pole dimensions of the flag lot meet or exceed the minimum emergency access standards of the City of Keller.

 

Citizen Input:

A Minor Subdivision Final Plat application with variances does not require a public hearing, so no public hearing notifications were sent out to the surrounding property owners for this request. There has been no response from the public to this application. The public will have an opportunity to speak on this agenda item during “Persons To Be Heard.”

 

Summary:

Section 2.07 (A)(2) of the UDC states that when considering a Minor Subdivision Final Plat with variances, the Planning and Zoning Commission 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.

 

Planning and Zoning Commission Recommendation:

At the July 8, 2025, Planning and Zoning Commission meeting, Commissioners recommended approval of the plat with variances as presented by a vote of 4-2.

 

City Council Alternatives:

The City Council has the following options when considering a Final Plat with variances:        

                     Approve as submitted.

                     Approve with modified or additional condition(s).

                     Table the agenda item to a specific date with clarification of intent and purpose.

                     Deny.