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File #: 23-666    Version: 1
Type: New Business Status: Failed
File created: 9/18/2023 Meeting Body: Planning & Zoning Commission
On agenda: 9/26/2023 Final action:
Title Search: PUBLIC HEARING: Consider a recommendation for a Planned Development Zoning Change from Retail (R) to Planned Development Single-Family 8,400 square-foot minimum lots (PD-SF-8.4) for Bella Casa, a Planned Development, consisting of 31 residential lots and approximately 1.6 acres of open space on approximately 10.9 acres of land, legally described as Tract 3D08, Abstract 457 of the John Edmonds Survey, located on the southwest corner of the Rufe Snow Drive and Rapp Road intersection, and addressed as 1300 Rufe Snow Drive. Jim Tchoukaleff, Applicant. Aamer Patel, Owner. (Z-23-0004)
Attachments: 1. 092613_Bella Casa PD_AerialZoning, 2. 092623_Bella Casa PD_Proposal and Application, 3. 092623_Bella Casa PD_Staff Attachment A, 4. 092623_Bella Casa PD_Public Response

To:                     Planning and Zoning Commission

From:                     Amber Washington, Planner I

Subject:                     

Title

PUBLIC HEARING: Consider a recommendation for a Planned Development Zoning Change from Retail (R) to Planned Development Single-Family 8,400 square-foot minimum lots (PD-SF-8.4) for Bella Casa, a Planned Development, consisting of 31 residential lots and approximately 1.6 acres of open space on approximately 10.9 acres of land, legally described as Tract 3D08, Abstract 457 of the John Edmonds Survey, located on the southwest corner of the Rufe Snow Drive and Rapp Road intersection, and addressed as 1300 Rufe Snow Drive. Jim Tchoukaleff, Applicant. Aamer Patel, Owner. (Z-23-0004)

Body

 

Action Requested:

Conduct a public hearing and consider a recommendation for a Planned Development zoning change for approximately 10.9 acres from Retail (R) to Planned Development - Single-Family 8,400 square-foot minimum lots (PD-SF-8.4) for the Bella Casa subdivision, consisting of 31 residential lots and three open space lots.

 

Current Zoning:

Retail (R); Uses by right include fitness centers, public/private schools, wineries, breweries, medical offices, and restaurants (See Staff Attachment - B for Retail Zoning Chart).

 

Proposed Zoning:

Planned Development Single-Family 8,400 square-foot minimum lot size (PD-SF-8.4).

 

Future Land Use Plan:

The proposed development is compliant with the 2021 Future Land Use Plan with High-Density Single Family (8,000-14,9999 square-foot lots). (HD-SF).

 

Background:

Jim Tchoukaleff, Contour Real Estate and Development LLC, submitted an application to request a Planned Development (PD) zoning change for Bella Casa, a proposed 31-residential lot subdivision (minimum lot size of 8,400 square-feet). All lots are at minimum 8,400 square-feet, with an average size of 9,300 square-feet. The proposed development is at the southwest corner of Rapp Road and Rufe Snow Drive, on approximately 10.9 acres with three open space lots.

The development has been designed to take advantage of the adjacency to the Shady Grove Linear Park and city’s existing trail network. A trailhead leading to the linear park is proposed in one of the open spaces.

 

The PD proposes the following criteria:

 

Minimum Dwelling Size:

2,000 square-feet or greater. (Exceeds the minimum dwelling size for SF-8.4, which is 1,400 square-feet.)

 

Lot Size:

1.                     Minimum lot area: 8,400 square-feet

2.                     Minimum lot width: 65’

3.                     Minimum lot depth: 120’

 

The proposed depth of 120’ exceeds the SF-8.4 Zoning District minimum requirement of 110’. The minimum lot area of 8,400 square-feet and lot width of 65’ meet the UDC requirements for SF-8.4. The average lot area within the subdivision is approximately 9,300 square-feet.

 

Setbacks:

1.                     Minimum front yard: 25’

2.                     Minimum side yard:  Ten percent (10%) of lot width; 15’ if on a corner lot adjacent to a street. If garage is accessed from the side street, the minimum setback to the garage door shall be 20’.

3.                     Minimum rear yard: 15’.

 

The setbacks meet the UDC requirements for the SF-8.4 Zoning District.

 

Maximum Lot Coverage:

The Applicant proposes a maximum lot coverage of fifty percent (50%) by the primary structure; sixty percent (60%) including accessory buildings, driveways and parking areas.

 

The proposed maximum lot coverage exceeds the maximum permitted in any zoning district; the SF-8.4 Zoning District requirements state a maximum lot coverage of thirty-five percent (35%) by the main buildings; fifty percent (50%) including accessory buildings, driveways, and parking areas.

 

 

Garage Requirements:

The Applicant proposes J-swing garages as a requirement on a minimum 50% of the lots. The remaining lots may have front-facing garages. Additionally, any garage doors facing the street shall not exceed a total of 144 square-feet (standard two-car garage door).

 

The Keller Unified Development Code (UDC) requires that all homes provide a minimum two-car garage, and permits front-facing garages in Planned Developments and properties platted prior to 1992.

 

Elevations:

The following finishes will be permitted: brick, stone, man-made stone, stucco using a three-step process, and cementitious-fiber board plank (Hardie Board) with a 30-year manufacturer’s warranty. Sheet metal is prohibited.

 

If utilized, balconies, covered front porches and similar architectural features shall have a free and clear depth of no less than 4’.

 

Each home shall incorporate at least three of the following:

A.                     The front entrance of the home shall be highlighted through the use of lintels, pediments, keystones, pilasters, arches, columns, or other architectural elements.

B.                     At least one dormer shall be provided for each roof plane over 600 square-feet in an area that faces a street.

C.                     All shutters for windows facing a street shall appear or be operational.

D.                     Exterior decorative lighting for the front door and above garage doors shall be operational using photo cells.

E.                     The floor of front porches shall be either brick, stone, or patterned concrete.

F.                     Driveways shall be enhanced with various treatments such as staining, paving ribbons, salt finishing and exposed aggregate. The enhancements shall only pertain to the portion of the driveway on private property.

G.                     Front doors and/or garage doors shall incorporate glass enhancements.

 

 

The UDC states that residential structures in all zoning districts should comprise eighty percent (80%) masonry. However, according to House Bill 2439 that went into effect Sept. 1, 2019, cities do not have legal authority to enforce building materials.

 

 

Landscaping:

All residential lots will have the following, provided by the builder at the time of construction: a minimum of one tree with a maturity height of no greater than approximately 20-feet tall in the front yard, a minimum of one large canopy tree with a minimum 6-inch caliper in the rear yard, and one street tree with a minimum 6-inch caliper located in the area between the sidewalk and right-of-way. Corner lots shall provide two street trees. Street trees will be limited to the following species: Live Oak, Bur Oak, Cedar Elm, and Lace Bark Elm due to their tap root structure. 

Per UDC section 9.03(G), a minimum of two large canopy trees with a minimum 3” caliper shall be planted in the required front yard of all new single-family uses. Existing trees of equal or greater size within the required front yard may be counted toward this requirement. A minimum of two large canopy trees with a minimum three 3” caliper shall be planted in the required side yard adjacent to a street of all new single-family uses on corner lots. Existing trees of equal or greater size within the required side yard adjacent to a street may be counted toward this requirement.

A 10’ landscape buffer and trees of at least 3” caliper at the time of planting shall be provided per each 50 linear feet of frontage along Rufe Snow Drive. A 10’ landscape buffer will be provided along Rapp Road, with ornamental trees planted in an informal layout.

Per Section 5.10(B) of the UDC, residential developments are required to have a 10’ landscape buffer and 3” caliper large canopy trees spaced every 50 feet.

Open Space:

The Applicant divided the 1.6 acres of open space into three areas: a heavily-treed 1.469-acre lot along the southwest diagonal of the development with a trailhead and trail connection to the Shady Grove Linear Park, a 0.139 acre lot at the development’s entrance along Rapp Road that will provide an additional trail connection, and a 0.078 acre space near the development’s emergency access easement in the southeast corner of the property.

Per Section 8.27 (Planned Developments) of the UDC, fifteen percent (15%) of open space is required in all planned developments. The Applicant meets this requirement.

Screening and Fencing:

The Applicant proposes to install masonry screening walls with a minimum height of 6’ where lots back Rufe Snow Drive or Rapp Road (eastern and northern limits of the neighborhood.)

The proposed screening walls meet the requirement of UDC Section 5.10.

All proposed single-family lot fencing will be a minimum 6’ high and solid stained cedar with metal posts and caps. Fencing that faces the street or open space will be 6’ high tubular steel or wrought iron. Landscaping will be installed to provide additional screening.

All screening and fencing proposed meets or are more restrictive than the requirements in the UDC.

Sidewalks:

The Applicant proposes to construct a 5’ wide sidewalk on the south side of Rapp Road.

All residential lots will have a 5’ wide sidewalk, meeting the requirements of the UDC.

Per section 5.06(B), sidewalks along thoroughfares should be 6’ wide.

 

Drainage & Utilities:

The conceptual drainage and layout meets requirements.

 

Ingress and Egress:

Casa Bella proposes one entry/exit off of Rapp Road and a gated emergency access easement at the intersection of Shady Grove Road and Rufe Snow Drive. Emergency vehicles will have access through the existing traffic light via Opticom sensors on the gate and traffic light.

 

A preliminary review by the Fire Marshal found that the proposed emergency access easement met emergency access requirements.

 

 

Trip Generation:

The number of daily trips (fewer than 500) generated by this residential development per the submitted Trip Generation Form does not trigger the Traffic Impact Analysis requirement.

 

 

Surrounding Zoning & Land Uses:

North: SF-8.4; SF-12

South: PD-SF-8.4

East: PD-SF-8.4

West: PD-SF-8.4; PD-O (Office)

 

Citizen Input:

On September 14, 2023, the City mailed out 56 letters of notification for this Public Hearing and the associated planned development zoning change to all property owners within three hundred feet (300’) of the subject site. A letter was also sent to Keller ISD. A public hearing notice sign was posted on the site.

 

Staff has received two signed letters of opposition within the 200’ buffer.

 

Summary:

Section 8.02 (D.1.e) of the UDC states that when considering a zoning change request, the Planning and Zoning Commission and City Council 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 amount 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 Planned Development 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 Planned Development Zoning Change application is tentatively scheduled for City Council action on October 17, 2023.

 

Attachments:                     

-                     Aerial and Zoning Maps

-                     Proposal Package and Application

-                     Staff Attachment A: Retail Zoning District Use Chart

-                     Public Response