To: Mark Hafner, City Manager
From: Julie Smith, Director of Community Development
Subject:
Title
PUBLIC HEARING: Consider a resolution approving an amendment to the Future Land Use Plan (FLUP) from Low-Density Single Family (LD-SF) to Retail/Commercial (RTC), for approximately 3.52 acres, legally described as Tract 1D01B of the John Martin Survey, Abstract 1153 (account # 42818999), and a portion of Lot 7, Block 1, Pearson Crossing, and addressed as 1816 Johnson Road and 1908 Pearson Crossing. Ed Ruibal, Landscape Systems, Applicant/Owner; Don Dinger, Owner. (LUP-22-0001)
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Background:
In order to expand their business, the Applicant purchased or has under contract approximately 12 acres immediately north and east of their existing retail/commercial site at 1823 Keller Parkway. Landscape Systems is a full-service landscape and gardening business which offers retail sales of plants and outdoor décor along with residential and commercial design and installation.
The purchased property is primarily designated by the 2021 Future Land Use Plan (FLUP) as Retail. However, approximately three and a half acres to the north and east are designated Low Density-Single-Family (LD-SF). The Applicant is requesting to amend this FLUP designation to Retail/Commercial (RTC). The RTC land use category is defined in the 2021 FLUP as being “… characterized by establishments that provide goods and services to the public…. These uses require high visibility locations and should be located on major roadways and intersections. This is a higher intensity land use category. Therefore, retail/commercial located adjacent to residential areas should include screening, buffering, and site placement techniques to mitigate noise and light impacts.”
Though this parcel is addressed as Johnson Road, it has no access to Johnson and is adjacent to Landscape Systems (addressed to Keller Parkway). Should Council approve the FLUP and future rezoning requests, the entire approximately 17-acre parcel (including these three and a half acres) and the existing business will be replatted into one lot and addressed to Keller Parkway - a major roadway in terms of 2021 FLUP guidance. The creek and floodplain to the east offers buffering (in some areas as much as 150 feet) to the Pearson Crossing residential subdivision. To the west (Bone Addition), the Applicant is planning on providing a screening wall and landscaping for residents.
The City Council tabled this item in June in order to be able to consider the zoning change request, Specific Use Permit (SUPs), and Site Plan Amendment at the same time.
Current FLUP Designation:
Low-Density Single Family (36,000 square-foot lots or greater)
Proposed Land Use Designation: Retail/Commercial (RTC)
Existing Roadway Access: Keller Parkway
Surrounding FLUP Designations:
North: Low-Density Single-Family (36,000 square-foot lots or greater) (LD-SF)
South: Retail/Commercial (RTC)
East: LD-SF
West: LD-SF
Citizen Input:
On June 16, 2022 the City mailed out 15 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 also posted on the site.
As of November 22, 2022, Staff has received ten letters/emails of opposition, equaling 32.32% of the area within 200’ of the property. This exceeds the 20% threshold and triggers the supermajority voting requirement (6 of 7 Council Member votes) necessary to pass a motion.
Planning and Zoning Commission Recommendation:
On June 28, 2022, the Commission unanimously voted to recommend approval of the proposed FLUP amendment noting that it was consistent with the 2021 FLUP’s land use designation of the immediately adjacent larger tract to the south as Retail Commercial.
Alternatives:
The City Council has the following options when considering a future land use plan amendment application:
- Approve as submitted.
- Table the agenda item to a specific date with clarification of intent and purpose.
- Deny.