To: Mark Hafner, City Manager
From: Trina Zais, Director of Public Services and Economic Development
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) to use an existing 2,274 square-foot accessory building as a temporary accessory dwelling unit while constructing a new home on a 7.758-acre lot on the east side of Keller-Smithfield Road South, approximately 1,000 feet north of Village Trail, at 945 Keller-Smithfield Road South, being Lot 1, Block 1, Bryson Addition, and zoned SF-36 (Single Family Residential - 36,000 square foot minimum). Craig Corato, owner/applicant. (SUP-18-0003).
Body
Action Requested:
Conduct a public hearing and consider an ordinance approving a Specific Use Permit (SUP) to use an existing 2,274 square-foot accessory building as a temporary accessory dwelling unit during construction of the permanent home.
Zoning:
SF-36 (Single Family Residential - 36,000 square foot minimum)
Background:
The property was platted in May 1983 and according to the Tarrant Appraisal District, the existing home was built in 1983. The 2,274 square-foot accessory structure was built in 2007.
Analysis:
The purpose of this Specific Use Permit (SUP) is to use the accessory structure as a temporary accessory dwelling unit while a new house is being constructed. A Specific Use Permit (SUP) approval by City Council is required to convert an existing building into a temporary accessory dwelling unit. According to Section 8.03 (C.2.g.4) of the UDC, detached living quarters/accessory dwelling units shall only be considered by an SUP as a temporary house while the main structure is built/renovated on a lot that is 1.5 acres or larger. This site contains 7.758-acres.
The applicant proposes to move into the accessory structure, demolish the existing house and then construct a new home located where the current primary structure exists today. The applicant would submit applications for a demolition permit for the existing house and a building permit for the new primary structure.
According to Section 8.03 (D.3.c) of the UDC states that once a Specific Use Permit (SUP) is approved, the applicant must secure a Building Permit within one (1) year. If construction has not commenced following issuance of a Building Permit, the SUP expires upon expiration of the Building permit. The applicant may request a one-time six (6) month extension, which may be approved by staff.
Building Size:
The existing home is approximately 2,300 square feet. The proposed new house will be approximately 6,000 square feet. The 2,274 square-foot accessory structure, located on the east side of the property will revert back into an accessory structure once the new home is completed. The accessory structure will not exceed fifty percent (50%) of the main structure.
Drainage & Utilities:
The applicant intends to meet the requirements of the UDC at time of building permit application. The grading and drainage plans will be submitted with the building permit. The permit review will determine that the proposed structure will have no adverse effect concerning the drainage to or from neighboring properties. Utility plans will also be included with the building permit.
Existing Roadway Access:
Keller Smithfield Road South, a two lane street
Surrounding Zoning & Land Uses:
North: Reese Estates, zoned SF-36
South: Carr Addition - Keller, zoned SF-36.
East: Glen Forest Addition, a single family residential development, zoned PD-SF-12.
West: Danbury Parks, a single family residential development, zoned PD-SF-25.
Summary:
The applicant has met all requirements of the UDC for this specific use permit with the exception of the requested variances and conditions. A demolition permit and building permit for the new primary structure, including a grading and drainage plan will need to be reviewed and approved by staff prior to construction. The variances and conditions approved as part of Ordinance No. 1358 for the accessory dwelling unit do not apply to the main structure.
Section 8.02 (F.2.a) of the UDC states that when considering a SUP request, the Planning and Zoning Commission and 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 February 16, 2018, as required by State law, the City mailed out twenty-four (24) letters of Notifications for a Public Hearing to property owners within two hundred feet (200’) and, per the City of Keller UDC requirements, three hundred feet (300’) of this subject property. Staff also posted a public hearing notice sign on the subject property.
The applicant supplied staff with support letters, included in “Exhibit A,” from the adjacent property owners.
Professional Opinion:
Staff is in support of the request to use the 2,274 square-foot accessory building as a temporary accessory dwelling unit during the construction of the new home. The request is a use that is temporary and the SF-36 (Single Family Residential - 36,000 square foot minimum) allows the temporary use while the main home is under construction.
Staff forwards this Specific Use Permit for City Council consideration as presented with the following conditions:
1. The Specific Use Permit request for the 2,274 square-foot accessory building to be used as a temporary accessory dwelling unit is to be considered while the home is being constructed.
2. The applicant must secure a Building Permit within twelve (12) months of approval of the SUP. If construction has not commenced following issuance of a Building Permit, the SUP expires upon expiration of the Building permit. The applicant may request a one-time six (6) month extension, which may be approved by staff.
Board Review:
The Planning and Zoning Commission considered this specific use permit application on February 26, 2018 and recommended approval as submitted by a vote of 7-0.
City Council Action:
The City Council has the following options when considering a Specific Use Permit:
- Approved as submitted
- Approved with modified or additional condition(s)
- Table the agenda item to a specific date with clarification of intent and purpose
- Deny