To: Aaron Rector, Interim City Manager
From: Sarah Hensley, Director of Community Development
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for a commercial retail nursery with outside storage for Fossil Creek Tree Farm, on approximately 2.43 acres of a 6.875-acre lot, located at the northeast corner of the Johnson Road and North Main Street intersection, legally described as Lot 1R, Block 1 of the L.L. McDonnell Addition, zoned Commercial (C), and addressed 600 North Main Street. JT Richards LLC, Applicant. Mark Keel, Owner. (SUP-2407-0002)
Background:
McDonnell Hardware and Feed has operated at 600 North Main Street for decades, offering lumber yard and traditional hardware shop sales along with livestock feed, horse tack and pet supplies. The existing cardboard box retailer located at the southwest corner of the property has been operating since at least 2008.
After making the decision to close McDonnell’s, the owner sold a portion of the property to Josh and Terra Richards (Applicant) of Fossil Creek Tree Farm, a family-owned tree farm, nursery, garden center, home store and landscaping business. The Applicant hopes to relocate the business from Fort Worth to Keller.
There are two SUP triggers for this proposed business:
1. An SUP to operate a retail nursery in the Commercial Zoning District.
2. An SUP to allow outside storage in the Commercial Zoning District.
The Applicant’s Fort Worth business location has been open for 13 years.
Site Design:
The Applicant intends to utilize the existing structures for their various business activities and has no immediate plans for new construction, only minor remodeling to fit their needs. A concept plan with each building numbered and a list of the corresponding uses is included in the agenda packet. The Applicant will store trees, shrubs, and pottery outside.
The site currently has one access point off Johnson Road, and the Applicant has begun talks with TxDOT on the possibility of adding a second access point off North Main Street.
The site has approximately 28 parking spots in front of the box and hardware retail stores, and the Applicant intends to designate space at the northeast corner of the property to accommodate an additional 12-14 employee parking spaces.
Business Details:
The Applicant hopes to bring most aspects of the current Fossil Creek operation to the Keller site, including landscape services and retail sales in The Haven home goods store, along with the tree farm and garden operations. The mulch bays at the Fort Worth location will not be included or relocated to the Keller site.
The business has 12 full-time employees, one of which works remotely.
Proposed business hours are 9 a.m. - 6 p.m. Monday through Saturday, with operations limited to 7 a.m. - 6 :30 p.m. Monday through Saturday.
Summary:
Section 8.02 (F)(2) of the UDC states that when considering an SUP request, the City Council shall consider the following factors:
1) The use is harmonious and compatible with surrounding existing uses or proposed uses;
2) The activities requested by the applicant are normally associated with the permitted uses in the base district;
3) The nature of the use is reasonable and appropriate in the immediate area;
4) Any negative impact on the surrounding area has been mitigated; and
5) That any additional conditions specified ensure that the intent of the district purposes are being upheld.
Citizen Input:
On July 11, 2024, the City mailed out 26 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.
Staff has received no written support or opposition related to this SUP request.
The Applicant provided a copy of a letter they sent out to surrounding property owners, six of which have signatures indicating support for the proposed SUP.
Planning and Zoning Commission Recommendation:
At the July 23, 2024, Planning and Zoning Commission meeting, Commissioners unanimously recommended approval of the SUP request as presented.
Alternatives:
The City Council has the following options when considering a Specific Use Permit:
§ Approve.
§ Approve with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.