To: Planning and Zoning Commission
From: Katasha Smithers, Planner II
Subject:
Title
Consider a request to rezone from Single Family - 36,000 square-foot minimum lot size (SF-36) to Retail (R), for approximately 16.62 acres, legally described as Tract 1D01B and Tract 1D01A1 of the John Martin Survey, Abstract 1153 (account # 42818999 and 42819014), a portion of Lot 7, Block 1, Pearson Crossing, and Tract 1F, Abstract 1153 (account #: 04069838) of the John Martin Survey, and addressed as 1816 Johnson Road, 1850 Pearson Crossing, 1908 Pearson Crossing, and 1863 Keller Parkway. Ed Ruibal, Landscape Systems, Applicant/Owner; Don Dinger, Owner. James Neill, Owner (Z-22-0001)
Background:
Landscape Systems (Applicant) began operating at 1823 Keller Parkway in 2008. The Applicant offers a large inventory of plants and services including construction and design, patios and decks, and residential and commercial landscape installations. The business has outgrown its existing site, and seeks to expand to the north, northwest and east onto property currently zoned Single-Family 36,000 square-foot lot or greater (SF-36).
The request to rezone to Retail will permit the Applicant to use the property to accommodate additional parking (customer, employee, and equipment), plant and landscaping material storage, expansion of the outdoor displays, two large greenhouses houses, an outdoor help desk, a large metal workshop facility, and additional areas for future expansion. The Retail Zoning District “is established to provide locations for various types of general retail trade, business, and service uses.”
The Planning and Zoning Commission first heard the rezone request in June 2022, but tabled the case while the Applicant worked through the Specific Use Permit (SUP) submittal and Site Plan with Staff. During and after the Commission meeting, adjacent property owners and residents in the surrounding neighborhood raised concerns regarding uses in the Retail zoning district, noise, dust, and parking. Please see Staff Attachment C - Retail use table.
The proposed SUP and Site Plan are on the agenda as separate items.
Elevations:
The Applicant proposes to erect a 3,600 square-foot metal shop, a 2,700 square-foot metal covered parking area, and two greenhouses located within the 17 acres. One of the proposed greenhouses is to be adjacent to Keller Parkway on the property the Applicant purchased to the east of his existing business. Please see Staff Attachment B - Proposed Site Plan and elevations.
Landscaping:
The Applicant proposes to provide additional large canopy trees and ornamental trees on the eastern portion of his property along Keller Parkway. The Applicant also proposes to place several trees adjacent to 1738 Blevins Lane (residential property).
Screening (noise):
The Applicant proposes to construct an 8-foot screening wall adjacent to 1738 Blevins Lane. No other screening walls are being proposed due to the floodway/floodplain on the north and east of the property. The floodplain provides approximately 150 feet of buffer.
The hours of operation may also be considered in terms of noise impact to surrounding properties, and are included as part of the Applicant’s SUP application that is on a separate agenda item.
Trail:
The City-Wide Trail System Master Plan indicates a significant trail connection through the property proposed for rezoning and will nearly close the gap between Keller Parkway and Johnson Road. (See Maps attachment.) The trail would be required to be constructed at the same time as the proposed development.
Parking/Drive Aisles:
Landscape Systems currently has 24 spaces and proposes to add 86 spaces. With the expansion of the business, the Applicant proposes small parking lots north of the Bowden Event Center/Landscape Systems, on the east side of the existing site, and within the current site. The parking immediately adjacent to the Bowden on the north will be for equipment, customers and employees.
The surrounding neighbors expressed concerns for the dust, and the Applicant proposes to utilize asphalt within the proposed parking areas and drive aisles to meet the strength requirements in the UDC. The fire lane requirements will meet the UDC.
The Applicant also routinely utilizes a water truck to reduce the amount of dust stirred up by vehicles and wind.
Trip Generation:
The submitted trip generation form indicated de minimis impact to traffic counts. No additional roadway improvements will be necessary.
Existing Roadway Access:
Keller Parkway
Surrounding Zoning Designation and Uses:
North: Single-Family 36,000 square-foot lot or greater (SF-36)
South: Planned Development - Retail (PD-R): Bowden Event Center and Altus Retail (R); and Office (O): several medical offices; Planned Development #1463: SF-36
East: Single Family - 36,000 square-foot lot or greater (SF-36)
West: Single-Family 36,000 square-foot lot or greater (SF-36)
Citizen Input:
On June 16, 2022, the City mailed out 28 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.
As of today, Staff has received opposition letters/emails regarding the Zoning change request at 38.27%, triggering the supermajority voting requirement to pass a motion (6 of 7 City Council Member votes).
Summary:
Section 8.02 (D)(1)(e) of the UDC states that when considering a zoning change request, the Planning and Zoning Commission shall consider the following factors:
1) Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole, and in compliance with the Future Land Use Plan.
2) Whether the proposed change is in accord with any existing or proposed plans for providing streets, water supply, sanitary sewers, and other utilities to the area, and shall note the findings.
3) The mount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unavailable for development.
4) The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change.
5) How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved.
6) Any other factors which will substantially affect the health, safety, morals, or general welfare.
Alternatives:
The Planning and Zoning Commission has the following options when considering a Zoning Change application:
- Recommend approval as submitted.
- Recommend approval with modifications 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 Zoning Change application will be scheduled for City Council action on December 6, 2022.
Supporting Documents:
- Maps
- Staff Attachment A - Application and information
- Staff Attachment B - Proposed Site Plan and elevations
- Staff Attachment C - Retail Use table
- Staff Attachment D - Opposition Letters and Opposition Map