To: Mark Hafner, City Manager
From: Julie Smith, Community Development Director
Subject:
Title
Consider a resolution approving a Preliminary Site Evaluation (PSE) with five variances for Winding Creek Addition, a proposed ten single-family residential lots and one open space lot subdivision on 12.21 acres of land on the south side of Johnson Road, approximately 1,800 feet southwest from the intersection of Johnson Road and North Pearson Road, being tracts 1D and a portion of 1D01, Abstract 1153 out of the John Martin Survey, zoned Single-Family Residential 36,000 square-foot minimum lot sizes or greater (SF-36), and addressed 1808 Johnson Road and a portion of 1816 Johnson Road. Cary Clarke, Devane Clarke Partnership, Ltd., Owner/Applicant. (PSE-22-0008)
Background:
The Applicant brought forward a Preliminary Site Evaluation (PSE) for a ten-lot subdivision with two variances at the August 2, 2022, City Council meeting. Several residents from the Pearson Crossing Subdivision spoke in opposition, and further discussion between Council and the Applicant were held regarding the Pearson Crossing connection. The City Council asked the Applicant if they were amenable to removing the Pearson Crossing connection and the Applicant agreed to do so.
The Applicant submitted an updated PSE proposing ten residential lots and one open space lot with five variances.
Current Zoning: MEETS
Single-Family Residential 36,000 square-foot minimum lot sizes or greater (SF-36).
Future Land Use Plan: MEETS
The Future Land Use Plan (FLUP) designates the property as Low Density - Single Family Residential 36,000 square-feet minimum lot sizes or greater (LD-SF). The proposed subdivision meets the FLUP.
Streets: MEETS
The Applicant proposes to have one point of access on Johnson Road.
Landscape/Screening Wall Easement: MEETS
The Applicant proposes a 10-foot easement on Johnson Road to install a 6-foot tall screening wall with trees.
Tree Preservation: MEETS
The Applicant proposes to remove the trees in the new street right-of-way (ROW). All other trees shall remain. Further removal will require a building permit for each lot indicating which trees are to be removed and why.
Drainage & Utilities: MEETS
The applicant has provided preliminary utility and drainage plans to the City supporting this application. More detailed utility and drainage plans will be reviewed with the final plat and civil engineering plans at a later date.
Existing Roadway Access:
Johnson Road
Surrounding Zoning:
North: Single-Family Residential 36,000 square-foot minimum lot sizes or greater (SF-36) and Single-Family Residential 20,000 square-foot minimum lot sizes or greater (SF-20)
South: Single-Family Residential 36,000 square-foot minimum lot sizes or greater (SF-36)
East: Single-Family Residential 36,000 square-foot minimum lot sizes or greater (SF-36)
West: Single-Family Residential 36,000 square-foot minimum lot sizes or greater (SF-36)
Variances Requested:
The Unified Development Code (UDC) requires the subdivision’s street to align with Greenbriar (across Johnson Road). The Winding Creek subdivision will terminate with a cul-de-sac. These requirements impact lot configurations (though all will meet or exceed the minimum 36,000 square-foot requirement), resulting in five variance requests:
1. To allow Lot 1, Block A for an average depth of 152.34’ in lieu of the required 200’
2. To allow Lots 4 and 5, Block A for a lot width of 130’ in lieu of the required 140’
3. To allow Lots 6 and 7, Block A for a front yard setback of 35’ in lieu of the required 40’
4. To allow Lot 6, Block A for a width at the front yard setback of 110.06’ in lieu of the 120’
5. To allow Lot 7, Block A for a width at the front yard setback of 108.40’ in lieu of the 120’
Citizen Input:
A PSE 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.”
Planning and Zoning Commission:
On September 27, 2022, the Commission recommended approval of the item as presented.
The PSE presented to the Commission had six variance requests: the five included in tonight’s presentation, and one more related to the width of Lots 6 and 7. Following the meeting, staff and the project engineer determined the UDC method for defining lot width on irregular lots had not been applied correctly for Lots 6 and 7. When this method is used, both lots meet the minimum width requirement for the SF-36 zoning district.
Summary:
Section 2.07 (A)(2) of the UDC states that when considering a PSE with variances, the 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.
City Council Action:
The City Council has the following options when considering a Preliminary Site Evaluation application 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.
Supporting Documents:
• Maps
• Exhibit A - Preliminary Site Evaluation