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File #: 24-613    Version: 1
Type: New Business Status: Agenda Ready
File created: 11/5/2024 Meeting Body: Planning & Zoning Commission
On agenda: 11/12/2024 Final action:
Title Search: PUBLIC HEARING: Consider a request for Whitley Springs, a Planned Development Zoning Change from Commercial (C) to Planned Development - Mixed Use (MU) consisting of 22 residential lots, two commercial lots and 1.44 acres of open space on approximately 6.43 acres of land, legally described as a portion of Tract 7B, Abstract 692 of the W J Holland Survey, and a portion of the Martins Subdivision public right-of-way dedicated to the City of Keller shown on the plat filed with Tarrant County under document number D205322770, located on the west side of the Rapp Road and Whitley Road intersection, and addressed 1212 Whitley Road, and unaddressed public right-of-way. Huynh and Viyapon, LLC, Owner. Garabedian Properties, Applicant. (ZONE-2409-0005)
Attachments: 1. 111224_Whitley Springs PD_Retail and Commercial Zoning, 2. 111224_Whitley Springs PD_Proposed Design Standards, 3. 111224_Whitley Springs PD_Landscape Plan, 4. 111224_Whitley Springs PD_Zoning Narrative, 5. 111224_Whitley Springs PD_Concept Plan, 6. 111224_Whitley Springs PD_Example Commercial Building, 7. 111224_Whitley Springs PD_MAPS, 8. 111224_Whitley Springs PD_Public Comment

To:                     Planning & Zoning Commission 

From:                     Sarah Hensley, Director of Community Development

Subject:                     

Title

PUBLIC HEARING: Consider a request for Whitley Springs, a Planned Development Zoning Change from Commercial (C) to Planned Development - Mixed Use (MU) consisting of 22 residential lots, two commercial lots and 1.44 acres of open space on approximately 6.43 acres of land, legally described as a portion of Tract 7B, Abstract 692 of the W J Holland Survey, and a portion of the Martins Subdivision public right-of-way dedicated to the City of Keller shown on the plat filed with Tarrant County under document number D205322770, located on the west side of the Rapp Road and Whitley Road intersection, and addressed 1212 Whitley Road, and unaddressed public right-of-way. Huynh and Viyapon, LLC, Owner. Garabedian Properties, Applicant. (ZONE-2409-0005)

Body

 

Action Requested:

Conduct a public hearing and consider a request a zoning change for approximately 6.43 acres of land from Commercial to Planned Development - Mixed Use for 22 residential lots, two commercial lots and 1.44 acres of open space.

 

Background:

The Applicant submitted a Planned Development zoning change earlier in 2024 for a smaller area (4.33 acres compared to the current request for 6.43 acres) for a project that was exclusively residential. The original request was for 22 patio home lots with an average lot size of 5,122 square-feet and was ultimately denied by City Council following a recommendation for denial by the Planning and Zoning Commission (Commission vote was 4-3).

 

The Applicant is now requesting a Planned Development that includes the same number of patio homes, some with increased width, now with an average lot size of 5,366 square feet and the addition of 1.69 acres of non-residential space.

 

Current Zoning:

Commercial (C); Uses allowed include the uses in the Retail Zoning District with the same conditions. For a full list of uses permitted by right (P) or Specific Use Permit (SUP), see “Retail and Commercial Zoning” attachment for use charts for both zoning districts. 

 

Proposed Zoning:

Planned Development Mixed Use-(MU) to include Patio Homes. While the Unified Development Code does not outline regulations for Patio Homes, Section 8.27 (Planned Developments) states that Patio Homes are only permitted by Planned Development.

 

Future Land Use Plan:

Most of the 6.43-acre project site conforms with the Future Land Use Plan (FLUP), which designates all but approximately 55,959 square feet of the proposed development as Patio-Garden-Townhome, with lot sizes of 5,000 to 7,999 square feet. The Applicant submitted a FLUP Amendment application for the remainder of the site that does not conform to the FLUP. That request is on the agenda as a separate item.

 

The PD proposes the following criteria for the residential portion:

 

Minimum Dwelling Size:

2,000 square feet or greater.

 

Exceeds the minimum dwelling size for SF-8.4, which is 1,400 square feet.

 

Lot Size:

1.                     Minimum lot area: 5,000 square feet (The smallest lot on the concept plan is 5,002 square feet).

2.                     Minimum lot width: 48’

3.                     Minimum lot depth: 105’

 

The proposed depth of 105’ is less than all other single-family zoning districts in the UDC; however, exceeds some existing PD-PH zoning areas in the city. (Riverdance, 90’; Brookstone Villas, 90’). The minimum lot width request of 47.5’ is less than all other single-family zoning districts in the UDC, but is similar to requests approved in other existing PD-PHs. (Several lots in Brookstone Villas have a minimum lot width of 41.46’).

 

The above-referenced existing PDs all have minimum lot sizes of 5,000 square feet.

 

Setbacks:

1.                     Minimum front yard: 10’ (front-facing garages require a 20’ setback)

2.                     Minimum side yard:  1’ and 5’, with the minimum distance between structures being 6’.

3.                     Minimum rear yard: 15’.

 

Maximum Lot Coverage:

The Applicant proposes a maximum lot coverage of seventy percent (60%) by the primary structure; seventy percent (70%) including accessory buildings, driveways and parking areas. PD regulations for accessory buildings state that buildings may be no larger than 500 square feet.

 

The proposed maximum lot coverage exceeds the maximum permitted in any zoning district; the SF-8.4 Zoning District requirements state a maximum lot coverage of thirty-five percent (35%) by the main buildings; fifty percent (50%) including accessory buildings, driveways, and parking areas.

 

Garage Requirements:

The Applicant proposes front-facing, side entry, and J-swing garages, with raised-panel, wood, or decorative garage doors. The Applicant requests to have no maximum number of homes with front-facing garages, and proposes a maximum front-facing garage door exposure of 128 square-feet per lot.

 

Side-entry garages must follow the setbacks outlined in Section 9.02 of the UDC, which states side entry garages shall have a minimum of 25’ from the door face to the side property line (if not on a corner lot.) If on a corner lot, side entry garages must have a minimum of 20’ from the door face to the side garage property line.

 

Front-facing garages must be a minimum of 20’ from the front property line. This is the same as was proposed and approved in the Riverdance Planned Development (PD-1651), Creekview Planned Development (PD-1589), and 70 percent of the lots in Villas of Volterra (PD-1421).

 

The Keller Unified Development Code (UDC) requires that all homes provide a minimum two-car garage, and permits front-facing garages in Planned Developments and properties platted before 1992.

 

Elevations:

The proposed PD standards state that each home shall incorporate at least four of the following:

 

-                     Divided light windows on street facing elevations (front elevation and sides on corner lots)

-                     Enhanced masonry details

-                     Metal seam roof accents

-                      Shutter accents

-                      Cast stone accents

                     At least 2 masonry materials (i.e. cementitious siding, brick and stone)

-                      Decorative coach lighting

-                      Pavers for sidewalk and/or driveway

-                     Low voltage landscape and path lighting

 

The UDC states that residential structures in all zoning districts should comprise eighty percent (80%) masonry. The Applicant proposes 100% masonry on the front elevation (brick, stone, or cementitious siding). Areas above the roofline would be limited to masonry or cementitious siding with a 50-year warranty.

 

Additionally, eighty percent (80%) masonry will be required for other elevations.

 

Landscaping:

All residential lots will have full irrigation, with street trees on bubbler irrigation.

 

Street Trees:

One canopy tree (species chosen from Section 10.02 Tree Preservation Exhibits, Exhibit A - Quality Trees - Large Trees) of at least 3” caliper will be installed between the sidewalk and curb adjacent to each front yard.

 

Corner lots will require three street trees: one in the front and two on the side. Street trees shall have a minimum 30’ separation and 50’ maximum. 

 

Street trees are not required by the UDC.

 

Yard Trees:

All front yards will be landscaped with a minimum of one minimum 3” caliper canopy tree or 2” caliper understory tree (chosen from the city’s list of quality trees), and 10 shrubs.

 

Per UDC section 9.03(G), a minimum of two large canopy trees with a minimum 3” caliper shall be planted in the required front yard of all new single-family uses. Existing trees of equal or greater size within the required front yard may be counted toward this requirement. A minimum of two large canopy trees with a minimum three 3” caliper shall be planted in the required side yard adjacent to a street of all new single-family uses on corner lots. Existing trees of equal or greater size within the required side yard adjacent to a street may be counted toward this requirement.

 

Landscape Buffers:
Per Section 5.10(B) of the UDC, residential developments are required to have a 10’ landscape buffer with 3” caliper large canopy trees spaced every 50’.

 

Whitley Springs proposes a landscaped area, at least one retention pond (two if needed) at the entrances to the development along Whitley Road, all more than 10’ in width, with one canopy tree of a 4” minimum caliper spaced every 30’ and two ornamental trees every 100’.

Open Space:

The Applicant proposes three areas of open space to meet the 15 percent (15%) open space requirement in all Planned Developments. (Section 8.27). The open space totals 1.44 acres, which includes an 80’-wide recreation area designed to serve as an additional buffer between the patio homes and proposed non-residential development closer to U.S. Hwy. 377, and up to three pond areas.

 

A Homeowners’ Association shall be required and will be responsible for all open space areas within the residential portion of the project, including the recreation area.

 

Screening and Fencing:

The Applicant proposes to install a 6’ masonry screening wall adjacent to the Whitley Road frontage along the open space on Whitley Road and along the western property line of Lot 5. Iron fencing will be permitted between the retention pond and adjacent lots. A 6’ iron fence will be installed by the Developer along a portion of the south property line.

 

The fence along the northern boundary and a portion of the southern property line will be either 6’ pre-stained cedar with metal poles, top cap, and top side trim, or a 6’ iron fence adjacent to the development’s open space. (See Wall/Fence Diagram on the Concept Plan).

 

Section 9.09(D) of the UDC states that a masonry screening wall is required between single-family uses and non-single-family uses, if developed adjacent to a developed non-residential use without a screening wall in place. The single-family residential development is required to construct a screening wall. The proposed southern iron fence does not meet this requirement.

Sidewalks:

The Applicant proposes to construct a 6’-wide sidewalk along the west side of Whitley Road, adjacent to the development.

All residential lots and the open space to the west of proposed lots 1-4 have a 5’-wide sidewalk.

The proposed sidewalks meet the requirements of the UDC.

Ingress and Egress:

Whitley Springs proposes two entrances and exits off Whitley Road. One entry/exit will tie into the future roundabout at Rapp Road and Whitley Road. The other entry/exit is proposed to align with Foxford Drive to the east.

 

The entry/exits meet the requirements of the UDC.

 

Trip Generation:

The number of daily trips generated by this development is anticipated to be fewer than 2,000 trips per day, so a full Traffic Impact Analysis is not required. 

 

The PD proposes the following criteria for the non-residential portion:

 

Allowable Uses:

The Applicant proposes uses that are generally allowed in the Commercial and Retail zoning districts, with the same conditions, with some modifications. A detailed proposed use chart is included in the Applicant’s Design Standards document.

 

Architectural Standards:

The Applicant proposes building materials in earth tones, natural colors of stone, meal and wood or variations of gray, with a minimum of 80% masonry or metal, up to 20% wood.

 

Lot Size:

While the PD concept plan shows two non-residential lots of 31,790 and 41,910 square-feet, the Applicant proposes a PD standard allowing a minimum lot size of 15,000 square-feet. The minimum lot size in the base zoning district (Commercial) is 33,000 square-feet.

 

Ingress and Egress:

The concept plan shows one point of access off U.S. Hwy. 377 with a stub for cross access to the property to the north. No pedestrian or vehicular access is proposed connecting the Whitley Springs residential and non-residential areas.

 

The entry/exits meet the requirements of the UDC.

 

Surrounding Zoning & Land Uses:

North:

-                     Zoning - Commercial

-                     FLUP - PGT, Retail/Commercial

 

South:

-                     Zoning - Commercial, SF-8.4

-                     FLUP - PGT, Retail/Commercial

East:

-                     Zoning - SF-8.4

-                     FLUP - High-Density Single Family, Low-Density Single Family 

 

West:

-                     Zoning - Commercial, City of Fort Worth

-                     FLUP - Retail/Commercial

 

Drainage & Utilities:

The conceptual drainage and utility plans meet preliminary requirements as reviewed by Public Works. Full civil plans will be required as part of the Detailed Site Plan.

 

Citizen Input:

On October 31, 2024, the City mailed out 36 letters of notification for this Public Hearing and the associated FLUP amendment to all property owners within three hundred feet (300’) of the subject site, and a letter was sent to Keller ISD. A public hearing notice sign was posted on the site.

 

Staff has received no written support or opposition in response to this request.

 

The Applicant has reached out to surrounding property owners; details are included in the “Neighbor Outreach” section of their Zoning Narrative.

 

Summary:

Section 8.02 (D.1.e) of the UDC states that when considering a zoning change request, the Planning and Zoning Commission and City Council shall consider the following factors:

 

1)                     Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole, and in compliance with the Future Land Use Plan.

 

2)                     Whether the proposed change is in accord with any existing or proposed plans for providing streets, water supply, sanitary sewers, and other utilities to the area, and shall note the findings.

 

3)                     The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unavailable for development.

 

4)                     The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change.

 

5)                     How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved.

 

6)                     Any other factors which will substantially affect the health, safety, morals, or general welfare.

 

Alternatives:

The Planning and Zoning Commission has the following options when considering a Planned Development Zoning Change application:

 

-                     Recommend approval. 

-                      Recommend approval with modifications or additional condition(s).

-                     Table the agenda item to a specific date with clarification of intent and purpose.

-                     Recommend denial.

 

City Council Action:

If the Planning and Zoning Commission takes action and makes a recommendation on this agenda item, this Specific Use Permit application will be scheduled for City Council action on December 3, 2024.