To: Mark R. Hafner, City Manager
From: Amber Washington, Planner I
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving a zoning change from Commercial to Light Industrial on approximately 1.37 acres located on the east side of South Main Street, at the intersection of Calverley Place and South Main Street, legally described as Lot 5R of the South Meadow Industrial Park Addition, zoned Commercial and addressed 1661 S. Main Street. Magic Petroleum, LLC, Owner; Peyco Southwest Realty on behalf of Bruce Moore, Applicant. (Z-22-0005)
Background:
The Applicant requests a zoning change from Commercial (C) Zoning District to Light Industrial (LI) Zoning District in order to operate a major automobile repair facility in an existing building (with a Specific Use Permit).
“Automobile Repair, Sales, and Service” (as defined by the UDC) are permitted by Specific Use Permit (SUP) in the Commercial Zoning District. These services include light servicing of automobiles that do not generate noise or excess vapors, wholly enclosed in a building. However, this does not include more intense repairs and services such as engine re-builds, brakes, or oil and filter changes. These types of repairs (defined as “Minor and Major Automobile Repair” in the UDC) are only permitted in the Light Industrial Zoning District with an SUP.
Though there are very few parcels in the City of Keller zoned as Light Industrial, one of those parcels exists immediately south of the subject property. (See zoning map of the area, attached.) All three tracts containing Equipment Share (1675 South Main Street), Discount Tire (1701 South Main Street), and Take 5 Car Wash (formerly Fenders Car Wash, 1751 South Main Street) are zoned Light Industrial.
Surrounding Zoning Districts:
North: Commercial (C)
South: Light Industrial (LI)
East: Commercial and Single Family 8.4 (SF-8.4)
West: City of Fort Worth
Future Land Use Plan:
1661 South Main is designated as Retail/Commercial on the FLUP, with a Tech Flex (Class A Office) overlay. The 2021 Future Land Use Plan does not have a land use category for Light Industrial and consequently does not designate any areas of the city for Light Industrial zoning.
Because there is no Light Industrial land use category identified in the FLUP 2021, the only way for the FLUP to align with the zoning request would be to amend the FLUP 2021 to add such a land use category as well as where in the city it could apply. In other words, the amendment would impact the entire city and not just this parcel. Therefore, the Applicant did not apply for a FLUP amendment to add a new land use category. Should the Council wish to support the rezoning request, the Council may also choose to address an amendment to the FLUP 2021 to add a Light Industrial land use category along with where such a land use would be permitted in Keller.
Surrounding Land Uses/Businesses:
North: Signarama and Verizon service center
South: EquipmentShare
East: Hawk Air Company
West: City of Fort Worth - Residential and Warehouse
Site Design:
The Applicant submitted proposed elevations and does not intend to do any exterior building modifications. (See Staff Attachment A.) They will be required to bring the site up to code, including landscaping and signage.
Summary:
Section 4.03 (A) of the UDC states that when considering an amendment to the zoning regulations or zoning change request, the Planning and Zoning Commission and City Council shall consider the following factors:
1) Appropriateness of all the uses permitted by the proposed change for the immediate area concerned, and the relationship of the proposed uses to the general area and to the City as a whole.
2) Agreement of the proposed change with any existing or proposed plans for providing streets, water supply, sanitary sewers, and other utilities to the area.
3) The amount of vacant land currently classified for similar development in the City, and any special circumstances that may make a substantial part of such vacant land unavailable for development.
4) The rate at which land in the same zoning classification has recently been developed, particularly in the vicinity of the proposed change.
5) Effect on other areas designated for similar development if the proposed amendment is approved.
6) Conformity with the goals and objectives for future developments within the Future Land Use Plan for the City of Keller.
7) Any other factors which will substantially affect the health, safety, morals or general welfare of the citizens of the City of Keller.
Citizen Input:
On January 30, 2023, the City mailed out 10 Letters of Notification for this Public Hearing to all property owners within three-hundred feet (300’) of the subject site, including a courtesy letter to the City of Fort Worth. A public hearing notice sign was also posted on the site.
As of March 7, 2023, Staff has received one signed letter of opposition from a property owner within 200’ of the proposed zoning change. The letter did not identify a reason for the opposition.
Planning & Zoning Commission Recommendation:
At the February 28, 2023 Planning & Zoning Commission meeting, commissioners recommended denial of the zoning change request by a vote of 6-1 (Pfarner). The Commission noted the absence of Light Industrial as a land use category in the FLUP 2021 and a concern over increasing areas for Light Industrial uses and their proximity to other uses. Because the FLUP 2021 did not include this use, the Commission observed that the FLUP 2021 vision did not include Light Industrial uses and was reluctant to expand those already existing.
Alternatives:
The City Council has the following options when considering a Zoning Change:
§ Approve as submitted.
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.