To: Mark Hafner, City Manager
From: Julie Smith, Director of Community Development
Subject:
Title
Consider a resolution approving a Site Plan Amendment with Variances for Landscape Systems on approximately 17.52 acres, legally described as Tract 1D01B and Tract 1D01A1 of the John Martin Survey, Abstract 1153 (account # 42818999 and 42819014), a portion of Lot 7, Block 1, Pearson Crossing, and Tract 1F, Abstract 1153 (account #: 04069838) of the John Martin Survey, and addressed as 1816 Johnson Road, 1850 Pearson Crossing, 1908 Pearson Crossing, and 1863 Keller Parkway. Ed Ruibal, Landscape Systems, Applicant/Owner; Don Dinger, Owner; James Neill, Owner. (SP-22-0033)
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Background:
Landscape Systems (Applicant) began operating at 1823 Keller Parkway in 2008. The Applicant offers a large inventory of plants and services including construction and design, patios and decks, tree services, furniture fabrication and assembly, and residential and commercial landscape installations. The business has outgrown its existing site and seeks to expand and modify the site layout.
Site Layout:
The Applicant has purchased approximately 11 acres to the north, northwest, and east of his current business to allow the growing business to expand. He proposes to add a 3,600 square-foot metal shop/maintenance building, a 2,700 square-foot metal covered area to store larger vehicles, a paved area for equipment parking, various parking areas, aisles for nursery stock, and mulch bins adjacent and north of the Bowden Event center. The Applicant also proposes two greenhouses, and a 12’ x 30’ loading area within the current site (1823 Keller Parkway). The 10,800 SF greenhouse is proposed behind the retail/office design center and the 6,000 square-foot greenhouse is proposed adjacent to Keller Parkway on the east side of the existing site (1863 Keller Parkway). See Exhibit A - Site Plan.
Drainage & Utilities: MEETS
The applicant 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.
Sidewalks and Trails: MEETS
The City-Wide Trail System Master Plan indicates a significant trail connection through the property proposed for rezoning that will nearly close the gap between Keller Parkway and Johnson Road. (See Maps attachment.) The trail would be required to be constructed at the same time as the proposed development (trail completed before any Certificates of Occupancy can be issued for the proposed structures).
Additionally, a 6’ sidewalk will be required to be installed along 1863 Keller Parkway.
Parking: EXCEEDS
The Landscape Systems site currently has 24 parking spaces. The Applicant proposes to replace these with 33 employee parking spaces and 77 customer spaces (including two handicap spaces) for a total of 110 spaces. The UDC only requires 70 parking spaces for the proposed uses for the entire site.
Trip Generation:
The submitted trip generation form indicated de minimis impact to traffic counts. No additional roadway improvements to Keller Parkway will be necessary.
Landscaping: VARIANCES REQUESTED
Major Thoroughfares
UDC Section 8.08 (F)(1) requires a 30’ landscape buffer on Keller Parkway, because the road is identified as a major thoroughfare on the City of Keller Thoroughfare Master Plan. Consequently, the UDC Section 8.08 (F)(2) requires 4-inch caliper canopy trees spaced no more than 60’ apart and two ornamental trees per 50 linear feet as part of the street buffer along Keller Parkway.
The Applicant will meet the landscaping requirements for a major thoroughfare for the new portion he has purchased immediately east and adjacent to his existing site along Keller Parkway (roughly 400 feet). For his existing business site 300 feet along Keller Parkway - he proposes to maintain the already existing 15-foot landscape buffer and existing landscape material.
Variances Requested:
• To allow the existing 15-foot landscape buffer for approximately 300’ on the southwest portion of the subject property adjacent to Keller Parkway rather than the 30-foot landscape buffer required by the UDC.
• To permit existing landscaping within the 15-foot landscape buffer to suffice without the required UDC plantings for 300’ on the southwest portion of the subject property along Keller Parkway.
Residential Buffers
UDC Section 8.08 (F)(2)(c) requires 3-inch caliper canopy trees spaced no more than 60’ adjacent to residential properties.
The Applicant proposes to waive the landscaping requirements along the north and east property lines, because, as part of the riparian habitat along the floodplain, the is heavily treed and has understory vegetation. The floodplain provides a natural buffer of nearly 150 feet between the business and adjacent residential properties. The Applicant proposes to add five cedar trees between the metal shop/carport and the residential properties.
Variance Requested:
• To waive the landscaping requirements within the landscape buffers along the east and north property lines of the subject property.
Screening: VARIANCE REQUESTED
UDC section 8.13 requires a screening wall adjacent to a single-family use or zoning district.
The Applicant proposes to construct an 8’ tall screening wall adjacent to 1738 Blevins Lane. No other screening walls are proposed due to the floodplain on the north and east of the property. (Structure may not be built in floodways/floodplains without FEMA approval.) The floodplain also provides an approximately 150-foot wide natural buffer (as opposed to the UDC-required 60-foot buffer).
Variance Requested:
• To waive the masonry screening wall requirement along the north, east and parts of the western property lines located in the floodplain or floodway.
Citizen Input:
A Site Plan Amendment application, even with variances, does not require a public hearing, so no public hearing notifications were sent out to the surrounding property owners for this request. The public will have an opportunity to speak on this agenda item during “Persons To Be Heard.”
Planning and Zoning Commission Recommendation:
On November 8, 2022, the Planning and Zoning Commission recommended approval of the site plan amendment and all proposed variances by a vote of 7-0 with the condition the Applicant provide additional Cedar trees east of the metal shop/carport for screening purposes.
The Applicant was amenable to this request and is proposing five cedar trees to the east of the metal shop/carport.
Variances Requested:
1. To allow the existing 15-foot landscape buffer for approximately 300’ on the southwest portion of the subject property adjacent to Keller Parkway rather than the 30-foot landscape buffer required by the UDC.
2. To permit existing landscaping within the 15-foot landscape buffer to suffice without the required UDC plantings for 300’ on the southwest portion of the subject property along Keller Parkway.
3. To waive the landscaping requirement within the landscape buffers along the east and north property lines of the subject property. The Applicant shall plant five cedar trees to the east of the metal shop/carport.
4. To waive the masonry screening wall requirement along the north, east and parts of the western property lines located in the floodplain/floodway.
Summary:
Section 2.07(A)(2) of the UDC lists the following criteria for the City Council when considering a Site Plan Amendment application with variances:
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.
Alternatives:
The City Council has the following options when considering a Site Plan Amendment with variances:
§ Approve as submitted (with requested variances).
§ 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 - Site Plan