To: Mark R. Hafner, City Manager
From: Julie Smith, Director of Community Development
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving three Specific Use Permits (SUPs) for Landscape Systems and B & M Tree Service, for Light Manufacturing, Greenhouses and Nurseries, and outside storage for plant material and vehicles 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 (SUP-22-0032)
Background:
Landscape Systems (Applicant) began operating at 1823 Keller Parkway in 2008. The Applicant has a full-service landscape business that offers retail gardening sales and landscaping design and installation services for residential and commercial customers. B&M Tree Service is associated with the business and focuses on tree trimming, treatment, and removal. The Applicant also manufactures live edge furniture. The Applicant purchased approximately 11.5 acres to the north, northwest, and east of their existing retail/commercial site in order to accommodate the significant business growth that the current site can no longer accommodate.
The Applicant is requesting three Specific Use Permits (SUPs):
1. Light manufacturing wholly enclosed within a building: The Applicant proposes to operate a light manufacturing business (furniture fabrication and assembly) to be relocated from the existing structure to an area no more than 1,200 square feet within the proposed 3,600 square-foot metal structure north of the existing site. The remainder of the building would be utilized as a maintenance facility for their equipment.
2. Greenhouses and nurseries (commercial retail): The Applicant proposes to operate and expand the greenhouses and nurseries in the existing Retail zoning district by adding two greenhouses (a 6,000 SF greenhouse adjacent to Keller Parkway and a 10,800 SF greenhouse located behind the retail/office design center).
3. Outside Storage and Display: The Applicant proposes outside storage for plant material and vehicles. Please see Staff Attachment - Narrative and Proposed Site Plan.
The Applicant is also requesting a Future Land Use Plan (FLUP) amendment, zoning change and site plan amendment that are on the agenda as separate items.
Site Design:
The Applicant proposes to add 86 parking spaces, construct a 3,600 square-foot metal shop for the furniture-making business and maintenance facility, a 2,700 square-foot metal covered carport area to store large vehicles, and two greenhouses. (Staff Attachment - Narrative and Proposed Site Plan and Elevations.)
The trail that will be built as part of this project nearly completes a critical spoke of the City of Keller Master Trail Plan.
Proposed Hours of Operation:
Monday - Saturday: 7 a.m. - 6:00 p.m.
Sunday: Closed
Trip Generation:
A trip generation form was reviewed by Staff, and no changes to the infrastructure will be required for the proposed use.
Citizen Input:
On October 27, 2022, the City mailed out 30 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 posted on the site.
As of December 6, 2022, Staff has received eight opposition letters regarding the Specific Use Permit request, totaling 19.18%; therefore, the supermajority voting requirement to pass a motion has not been triggered.
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission conducted a public hearing on November 8, 2022, and two residents expressed concern with the proximity of the proposed metal shop/carport and noise.
The Planning and Zoning Commission recommended approval of the SUPs by a vote of 7-0 with the condition the Applicant must complete the construction of the trail prior to issuance of the Certificate of Occupancy for the proposed buildings, and must provide additional evergreen trees adjacent to the residents to mitigate the aesthetics of the metal shop/carport and noise. The Applicant agreed to these requirements.
SUP Requests:
1. To operate a light manufacturing business in the Retail Zoning District.
2. To operate greenhouses and nurseries in the Retail Zoning District.
3. To allow outside storage for plant and landscaping materials and vehicles.
Summary:
Section 8.02 (F)(2) of the UDC states that when considering three SUPs, the 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.
City Council:
The City Council has the following options when considering Specific Use Permits:
§ Approve as submitted.
§ Approve with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.