To: Mark Hafner, City Manager
From: Julie Smith, Director of Community Development
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving a rezone from Single Family - 36,000 square-foot minimum lot size (SF-36) to Retail (R), for approximately 16.62 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 (Z-22-0001)
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, and residential and commercial landscape installations. The business has outgrown its existing site and seeks to expand to the north, northwest and east onto approximately 12.24 acres currently zoned Single-Family 36,000 square-foot lot or greater (SF-36). (The header, above, erroneously includes other parcels no longer considered for purchase.)
The request to rezone to Retail will permit the Applicant to use the property to accommodate additional parking (customer, employee, and equipment), plant and landscaping material storage, expansion of the outdoor displays, two greenhouses, an outdoor help desk, a 3,600 square-foot metal workshop facility, and additional areas for future expansion. According to the Unified Development Code (UDC), the Retail Zoning District “is established to provide locations for various types of general retail trade, business, and service uses.”
The Planning and Zoning Commission conducted the public hearing for the rezone request on June 28, 2022 and heard concerns from the surrounding neighborhood regarding noise, dust, parking, and what other uses are permitted in the Retail Zoning District. (Please see Staff Attachment C - Retail use table.) The Commission tabled the request so the Applicant could work through the neighbors’ concerns and also requested the Applicant submit his Specific Use Permit (SUP) and Site Plan so they could be considered on the same agenda as the rezoning request.
The proposed Future Land Use Plan amendment, SUP and Site Plan Amendment are on the agenda as separate items.
Elevations:
The Applicant proposes to erect a 3,600 square-foot metal shop (1,200 square-feet to be utilized for furniture manufacturing and the remainder for equipment maintenance), a 2,700 square-foot metal covered parking area for equipment, and two greenhouses located within the almost 17 acre-tract. One of the proposed greenhouses would be located adjacent to Keller Parkway on the property the Applicant purchased to the east of his existing business. (Please see Staff Attachment B - Proposed Site Plan and elevations.)
Landscaping:
The Applicant proposes to provide additional large canopy trees and ornamental trees on the eastern portion of his property (north of 1823 Keller Parkway). Along with the proposed 8-foot screening wall, the Applicant proposes to place eleven large canopy trees and eleven ornamental trees adjacent to 1738 Blevins Lane (residential property).
Screening (noise):
The Applicant proposes to construct an 8-foot screening wall adjacent to 1738 Blevins Lane. No other screening walls are being proposed due to the floodway/floodplain and associated trees and understory vegetation on the north and east portions of the property. The floodplain provides approximately 150 feet of buffer between the business and the residential areas to the north and east.
Though the hours of operation, are included as part of the Applicant’s SUP request that is to be considered as a separate agenda item, they may also be considered as part of noise mitigation. The Applicant is proposing business hours of Monday through Saturday 7 a.m. to 6 p.m.
Trail:
The City-Wide Trail System Master Plan indicates a significant trail connection through the property proposed for rezoning and will nearly close the gap between Keller Parkway and Johnson Road. (See Maps attachment.) The Applicant is aware of the requirement and assured the Commission of his intention to construct the trail at the same time as the proposed development.
Parking/Drive Aisles:
Landscape Systems currently has 24 spaces and proposes to add 86 more spaces. With the expansion of the business, the Applicant proposes small parking lots north of the Bowden Event Center/Landscape Systems, on the east side of the existing site, and within the current site. The parking immediately adjacent to the Bowden on the north will be for equipment, customers and employees.
The surrounding residential neighbors expressed concerns for the dust related to the internal private drive. The Applicant proposes to utilize asphalt within the proposed parking areas and drive aisles to mitigate the dust and also meet the strength requirements in the UDC. The fire lane requirements will also meet the UDC requirements of concrete.
Trip Generation:
The submitted trip generation form indicated de minimis impact to traffic counts. No additional roadway improvements will be necessary to Keller Parkway.
Existing Roadway Access:
Historically, trucks were entering and exiting the Bowden Event Center. With the proposed expansion of Landscape Systems, trucks will enter and exit through Keller Parkway.
Surrounding Zoning Designation and Uses:
North: Single-Family 36,000 square-foot lot or greater (SF-36)
South: Planned Development - Retail (PD-R): Bowden Event Center and Altus Retail (R); and Office (O): several medical offices; Planned Development #1463: SF-36
East: Single Family - 36,000 square-foot lot or greater (SF-36)
West: Single-Family 36,000 square-foot lot or greater (SF-36)
Citizen Input:
On June 16, 2022, the City mailed out 28 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 November 28, 2022, Staff has received 10 letters/emails in opposition to the zoning change request, equaling 25.11% of the area within 200’ of the subject property and thus triggering the supermajority voting requirement to pass a motion (6 of 7 Council Member votes).
Planning and Zoning Commission Recommendation:
During the Persons to be Heard portion of the November 8, 2022, Planning and Zoning Commission meeting the residents at 1738 Blevins and the President of the Bowden, Inc. spoke in support of the Applicant and withdrew the opposition they submitted when the project was first proposed. Four residents from Pearson Crossing spoke in opposition and expressed concern with the noise and continuous work on the site (north of 1823 Keller Pkwy).
The Planning and Zoning Commission recommended approval of the zoning change request as submitted by a vote of 6-1. (Commissioner Alvarado voted to deny.)
Summary:
Section 8.02 (D)(1)(e) of the UDC states that when considering a zoning change request, the 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 mount 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.
City Council Alternatives:
The City Council has the following options when considering a Zoning Change application:
- Approve as submitted.
- Approve with modifications or additional condition(s).
- Table the agenda item to a specific date with clarification of intent and purpose.
- Deny.