To: Planning and Zoning Commission
From: Sarah Hensley, Director of Development Services
Subject:
Title
Consider a recommendation of an appeal to the City of Keller Unified Development Code, Article 10, Tree Preservation, Section 10.01, Tree and Natural Feature Preservation for three lots within the Winding Creek subdivision, on 12.21 acres of land on the south side of Johnson Road, approximately 1,800 feet southwest from the intersection of Johnson Road and North Pearson Road, Lots 3, 5 and 6, Block A of the Winding Creek Addition, zoned Single-Family Residential 36,000 square-foot minimum lot sizes or greater (SF-36), and addressed 532, 516, and 508 Winding Creek Lane. Cary Clarke, Devane Clarke Partnership, Ltd., Applicant/Owner. (ATP-2602-0002)
Background:
On May 21, 2024, City Council approved a final plat with five variances for the Winding Creek Addition, a development consisting of 10 single-family residential 36,000 square-foot minimum lots, and one open space lot. The variances were related to lot depth, width and front yard setbacks.
The plat also included a condition that Lots 3-7, Block A of the subdivision could not receive building permits until the applicant completed the Letter of Map Revision (LOMR) process through FEMA due to the floodplain impact on those properties. The Applicant is nearing the end of the LOMR process and wishes to remove trees and grade the lots in advance of the building permit issuances for Lots 3, 5 and 6.
UDC Section 10.01 (I)(1) states “that all trees within street rights-of-way, utility or drainage easements as shown on an approved final plat/construction plan…shall be exempt from the tree protection and replacement requirements specified herein. All other tree removal activity shall be in conjunction with a building permit for individual lots and shall conform to the requirements of this Code.”
The Applicant has submitted an appeal to remove the trees within the building pads of the individual lots ahead of submitting building permits for 3, 5 and 6, Block A. Tree removal Lots 1-3, Block B, Lots 1-2 and Lot 7, Block A, and within the street rights-of-way and utility easements has already been completed. The number of trees requested for removal on each lot is as follows:
Lot 3: 2 trees
Lot 5: 26 trees
Lot 6: 30 trees
Trees requested for removal have identification numbers highlighted in yellow on the lot plans included in the agenda packet.
Tree Replacement Regulations:
The UDC dictates what species and sizes of trees are to be protected. Protected quality trees are ones that have a diameter of 6” or greater measured at 4.5’ above the ground. Protected trees include Oak (all species), Pecan, Cedar Elm, American Elm, Texas Hickory, Texas Ash, Red Cedar, and Black Walnut.
Section 10.01 (I)(1) of the UDC speaks to the intent of tree replacement:
“In the event that it is necessary to remove a protected tree as specified in this Code, the party removing the tree shall be required to replace the protected trees being removed with quality trees as defined herein (see Section 10.02 - Exhibit I). A sufficient number of trees shall be planted to equal or exceed the diameter (measured at eighteen inches (18”) above ground level of each tree removed. This mitigative measure is not meant to supplant good site planning. Tree replacement will be considered only after all design alternatives, which could save more existing trees, have been evaluated and reasonably rejected. Said replacement trees shall be a minimum of three-inch (3”) diameter (measured at eighteen inches (18”) above ground) and seven feet (7’) in height when planted.”
Exempt Trees:
UDC Section 10.01(C)(1)(d) states: All trees within street rights-of-way, utility or drainage easements as shown on an approved final plat/construction plans as approved by the City may be removed following the execution of a development agreement and approval of a tree protection plan by the Public Works Department and shall be exempt from the tree protection and replacement requirements specified herein. All other tree removal activity shall be in conjunction with a building permit for individual lots and shall conform to the requirements of this Code.
UDC Section 10.01 (C)(2)(c) states that upon submission of a building permit, the trees within the proposed building pad as defined in this Code including driveway and public sidewalk as shown on a site plan approved by the City are exempt along with twenty percent (20%) of the remaining quality trees per the UDC. Any additional tree removal in excess of twenty percent (20%) shall be subject to the tree replacement and mitigation requirements defined herein.
Advance Grading:
UDC Section 10.01 (C)(1)(e) states that in order for the Commission to consider the request for pad site grading in advance of issuance of a building permit, a tree survey as defined in Article Three, an erosion control plan including erosion control seeded mat placement, and a tree removal plan shall be submitted. The erosion control mat shall be placed over all graded areas to remain unimproved for more than five (5) calendar days post grading. The tree removal plan shall reflect a minimum finished floor elevation of the slab. The proposed pad site shall not exceed the maximum pad site area as defined in this Code.
An erosion control plan has been submitted and reviewed by city staff with the civil construction plans for the subdivision.
Citizen Input:
An appeal to the Tree Ordinance 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 the “Persons To Be Heard”.
Alternatives:
The Planning and Zoning Commission has the following options when considering a Planned Development Zoning Change application:
§ Recommend approval as submitted.
§ 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, then this application will be scheduled for City Council action on March 17, 2026.