To: Aaron Rector, City Manager
From: Sarah Hensley, 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) and Retail to Planned Development-Retail (PD-R), for approximately 17.52 acres, legally described as Tract 1F, Abstract 1153, John Martin Survey, Lot 1R, Block A - Sutton’s Nursery Addition, Tract 1D01A, Abstract 1153, John Martin Survey, and portions of Lot 7, Block 1, Pearson Crossing and Tract 1D01, Abstract 1153, John Martin Survey addressed as 1863 Keller Parkway, 1823 Keller Parkway, 1850 Pearson Crossing, 1908 Pearson Crossing, and 1816 Johnson Road. Ruibal Properties LLC, Applicant. Ruibal Properties, Don Dinger and Devane Clark Partnership LTD, Owners. (ZONE-2408-0003)
Background:
The subject property has been considered for planning and zoning actions several times since the site began operating as Sutton Nursery in 1996. The basic timeline is as follows:
• May 2010: Specific Use Permit (SUP) approved by City Council for nursery use for Landscape Systems
• December 2020: SUP approved by City Council for Landscape Systems for Light Manufacturing of live edge furniture
• December 2022: Rezone from SF-36 to Retail and Future Land Use Plan amendment for portions of the Applicant’s property failed at City Council; Site Plan Amendment with Variances and SUP for light manufacturing, greenhouses/nursery and outside storage for plant material and vehicles - no action taken after rezone failed
• February 2024: Following staff review, the Applicant’s Planned Development (PD) Zoning Change and Future Land Use Plan (FLUP) amendment requests were scheduled and noticed for Planning & Zoning Commission consideration, but were withdrawn by the Applicant before the meeting
The Applicant is requesting to rezone the property from Single Family - 36,000 square-foot minimum lot size (SF-36) and Retail to Planned Development-Retail (PD-R) to operate a full-service landscape business with two separate zoning areas.
The project is proposed to be completed in two phases, with Phase II construction to commence after approval by the Federal Emergency Management Agency (FEMA) of the Applicant’s submission for reclamation of the existing floodplain. The Applicant has provided a detailed site plan, including a landscaping plan, for consideration with the Planned Development proposal.
Zoning and Permitted Uses:
The Applicant proposes two separate zoning areas, as shown on Exhibit A.
Zoning Area A will include:
• Retail sales
• Garden center
• Greenhouses
• Outdoor plant display and storage
• Existing single family home, to be allowed to be used for residential purposes for no longer than 9 months from the PD approval date
• Sport Court
• Maximum of three (3) elevated fuel tanks within an enclosure
• All other uses allowed within the Retail Zoning District
Zoning Area B will include:
• Landscape contractor yard and wholesale plant material maintenance
• Staging
• Shop
• Storage
• Loading area
The proposed development standards state that no Retail uses shall be located in Zoning Area B.
Surrounding Zoning:
North: SF-36
South: Planned Development - Retail (PD-R), Retail, Office and Planned Development 1463 - SF-36
East: SF-36
West: SF-36, Planned Development - Retail, Retail
Current Future Land Use Plan (FLUP) Designation: Low-Density Single Family - 36,000 S.F. lots and above (LD-SF) and Retail/Commercial (RTC).
Surrounding Land Uses:
North: LD-SF
South: Office and High-Density Single-Family - 8,000 to 14,999 square-foot lots (HD-SF)
East: LD-SF and Retail/Commercial (RTC)
West: LD-SF and RTC
The Applicant is also requesting a Future Land Use Plan (FLUP) amendment from Low-Density Single Family 36,000 square-foot lots and above (LD-SF) to Retail/Commercial for approximately 3.52 acres within the subject property. The rest of the site is already designated RTC on the FLUP. The FLUP amendment request is on the agenda as a separate item.
Setbacks:
Front yard: 30’ (along Keller Parkway)
Side yard: 15’ along west property line of Zoning Area A (shared property line with Altus/The Bowden); 60’ for all other side setbacks
Rear yard: 60’
Structures:
The guidelines for the Retail Zoning District (UDC Section 8.16) have no minimum structure size or maximum number of structures per lot.
The Applicant proposes one fully enclosed building with a maximum size of 20,000 square-feet that will include the existing Retail Sales/Garden Center/Greenhouse building, which is 13,647 square-feet. Proposed additions to the structure (A) 188 SF and (B) 1,311 SF (as shown on Exhibit B) bring the building total to 15,146.
All other structures will be open air/greenhouse structures and will not be fully enclosed:
(C) Open air pavilion (1,596 SF) with courtesy lounge (225 SF)
(D) Shade structures located at southwest corner of the property (two at 1,250 SF each)
(E) Phase II shade structure (3,040 SF)
(F) Canopy cover/equipment cover located in Zoning Area B (1,920 SF)
The Applicant also proposes to construct a Sport Court as part of Phase II.
Fuel Tanks:
The Applicant is requesting a maximum of three elevated fuel tanks, to be located within an enclosure, in Zoning Area A. The purpose of the tanks is to fuel the 20-30 vehicles/equipment the business uses in their daily operations, including trucks and tractors (diesel and gasoline). The fuel will not be available or for sale to customers. Currently, the vehicles are taken down the street to a gas station to be filled up.
Above ground tanks typically require a Specific Use Permit (SUP). Even if approved as part of the Planned Development, the Applicant will have to go through a separate permitting and inspection process with the Fire Department for tank installation.
Open Space and Trail:
UDC Section 8.27(I) requires all PDs to have a minimum of 15% open space.
The proposed site plan includes 344,610 SF, or 45.2% of the total site area in open space.
UDC Section 7.01(5) gives City Council the authority to require trail construction in accordance with the Citywide Trail System Master Plan standards.
The Applicant’s site plan shows a 10-foot wide trail with varying alignment along the eastern side of the property, to be constructed as part of Phase II. This trail connection complies with the city’s trail plan.
Landscaping, Buffers, Screening and Fencing: Exceptions to Base Zoning of Retail
UDC Requirement: Section 9.03(F)(1)(a) requires a minimum 30’ landscape buffer adjacent to all thoroughfares with four or more lanes as classified on the city’s Thoroughfare Plan.
The Applicant proposes a 15’ landscape buffer along Keller Parkway, only for the section west of the main entry.
All other landscape buffer widths meet the Retail Zoning District standards.
UDC Requirement: Section 9.09(B) requires masonry screening walls between non-residential developments and single-family zoning districts.
The Applicant proposes no masonry wall or additional landscaping to be required along the north and east property lines (creek boundary) due to existing heavy vegetation. The Applicant is proposing to plant an additional row of 26 cedar trees along the northeast property line (shown on Landscape Plan).
An eight-foot-tall masonry screening wall shall be required along the western and boundary of Zoning Area B that the Applicant has already constructed. An eight-foot tall masonry screening wall is already in place between Zoning Area B and The Bowden (constructed by The Bowden).
UDC Requirement: Section 9.03(F)(2)(c) requires minimum three-inch caliper trees in all buffers not adjacent to thoroughfares.
The Applicant’s landscape plans show no new planting within the ten-foot buffer along the south and west property lines adjacent to PD-Retail and Retail zoning. The Applicant has agreed to maintain the Eastern Red Cedar trees installed along the southern boundary of Zoning Area B (adjacent to The Bowden) in perpetuity.
UDC Requirement: Section 9.08(F) prohibits wooden and chain link fencing in non-residential zoning districts unless specifically requested on a site plan and approved by City Council
The Applicant proposes a six-foot cedar fence to screen the elevated fuel tanks and chain link fencing with mesh screening for the pickleball courts. There is an existing wooden fence across the front of Zoning Area A along Keller Parkway.
The Applicant also proposes open-style metal perimeter fencing along the trail on the business’ side of the trail for security purposes.
Parking:
The parking ratio for retail is one space per 200 square-feet of gross floor area (UDC Section 9.02), bringing the total parking requirement to 76 spaces plus required accessible spaces. The Applicant intends to provide 26 spaces plus temporary overflow parking on the eastern-most lot during Phase I. In Phase II, 68 spaces will be constructed, which will include eight spaces required by the sport court.
Full total required spaces (both phases combined): 84 spaces
Total spaces provided (after Phase II construction): 96 spaces
Roadway Access:
The Applicant will remove one drive off Keller Parkway and continue to utilize the existing access point along the western property line. No other access points or roadway improvements are proposed.
Lighting:
The Applicant submitted a photometric plan with the site plan and intends to meet all UDC requirements for site and building mounted lighting. The Applicant has indicated the lighting will be operated by photo cell and typically on from dusk to dawn. Product specifications on the new proposed lighting is included in the agenda packet. An updated lighting plan with photometrics shall be required prior to the construction of Phase II.
Hours of Operation:
The facility will operate between the hours of 7 a.m. and 7 p.m. These hours include staff operations and hours the business is open to the public.
Planning and Zoning Commission Recommendation:
At the May 27, 2025, Planning and Zoning Commission meeting, Commissioners recommended approval of the Planned Development Zoning Change by a vote of 6-1 with the following conditions:
1. Adjustment of hours of operation to 7 a.m. - 7 p.m.
2. Relocation of dumpster enclosure to be out of all setbacks
3. Removal of proposed pickleball courts
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 May 15, 2025, the City mailed out 36 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.
Opposition within the 200’ buffer is 18.9% so the supermajority vote has not been triggered. All public feedback is included in the agenda packet.
Alternatives:
The City Council has the following options when considering a Planned Development Zoning Change request:
§ 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.