To: Mark R. Hafner, City Manager
From: David Hawkins, Planning Manager
Subject:
Title
Consider a resolution approving a variance to the City of Keller Unified Development Code, Article 8, Zoning/Development Standards, Tree Preservation, Section 8.19, Tree and Natural Feature Preservation, for Lots 1R and 3R, Bohannan Addition, an approximately 22.19-acre subdivision on the north side of Creek Road, being 3355, and 3327 Creek Road, and zoned SF-36 (Single-Family - 36,000 square foot minimum lots). Rodger and Donna Bohannan, owners. Susan and Brandon Thomas, applicants. (UDC-17-0003)
Action Requested:
Consider a variance to the requirement that tree surveys be less than two (2) years old for reception of a residential amending plat.
Background:
The Bohannan addition plat was filed on September 27, 2013, creating a three (3) lot subdivision. On August 22, 2014, an amending plat was approved by City staff to reconfigure the three lots. The intent of the plat and amending plat were to allow children of the owners, Rodger and Donna Bohannan, to construct their homes nearby.
There are currently two (2) homes built within the subdivision, one on lot 1R and one on Lot 2R. The family would like to amend the boundaries between the three (3) lots again for a third home to be built, and to amend another property line to not cut through a pool patio.
A tree survey was performed for the original plat and is dated April 5, 2013. Per the UDC, Section 4.07 Minor Subdivision Final Plats, a tree survey is required with the application that meets all standards of the tree preservation ordinance. As part of the recent update to the tree preservation ordinance approved by City Council on October 18, 2016, tree surveys should be no older than two (2) years. Staff cannot accept a new plat application as it would not be complete without a current tree survey.
Request:
The property owner and applicant are proposing to build a third home in the subdivision but would like to reconfigure the boundary between the lots. For the plat, they would like to use the existing tree survey dated April 5, 2013 and are requesting a variance to Section 8.19 (C.1.b.2), of the UDC, which states, “The information submitted on a tree survey and preservation plan shall not be older than two (2) years”.
Analysis:
The current tree survey was prepared when a protected tree was considered any tree with a six-inch (6”) or greater caliper size. Since the original, this has been amended to be a three-inch (3”) caliper size. It is likely many more trees would be included now.
However, the two lots are already developed and no changes or improvements are proposed. The area where the new home will be built used to be agricultural and is less heavily wooded. Surveying a smaller area with the building permit to ensure compliance with the tree code would require fewer resources and achieve the same result as preparing the full study with the plat resubmittal.
Existing Roadway Access:
Creek Road, a two-lane local residential street.
Surrounding Zoning & Land Uses:
North: City of Southlake, Single-family residences and elementary school
South: Single-Family Homes, zoned SF-36
East: Single-Family Homes, zoned SF-36 and City of Colleyville, Single-family residences
West: Single-Family Homes, zoned SF-36
Variances Requested:
The applicant is requesting one (1) variance to the UDC with this application:
1. A variance is requested to Section 8.19 (C.1.b.2) of the UDC to allow a tree survey that is older than two (2) years.
Summary:
UDC variances require consideration by the P & Z Commission and City Council. The applicant is requesting one (1) variance to be considered. If this UDC variance request were to be approved by the City, then the applicant would be allowed to move forward with a plat and building permit for the proposed new single-family residence.
Section 2.07(A.2) of the UDC, lists criteria for approval of a variance. Staff’s comments are added in bold italics
a. That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Code would deprive the applicant of the reasonable use of his land.
The situation is unusual in that the boundaries of all three lots would be changed but development would only be occurring on one lot. Furthermore, the site is heavily treed and it would take much time and effort for a surveyor and arborist to update the entire study.
b. That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other properties in the area.
This request should have no impact on other properties in the area.
c. That the granting of the variance will not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of this Code.
The area surrounding the subject property is already developed. This will not affect the orderly subdivision of the land.
d. That the granting of the variance will not constitute a violation of any other valid ordinance of the City of Keller.
This variance will not constitute a violation of any other valid ordinance of the City of Keller.
e. That strict compliance with the regulations, and/or that the purpose of the regulations will be served to a greater extent by the alternative proposal.
The intent of the code is to preserve trees during development. Using the older survey for the plat application and surveying only a smaller area for the building permit application would achieve the same result and reduce the financial burden on the applicant.
Citizen Input:
A UDC variance application does not require a public hearing, so no public hearing notifications were sent out to the surrounding property owners for this request. There has been no response from the public to this application. The public will have an opportunity to speak on this agenda item at the “Persons To Be Heard”.
Professional Opinion:
Staff’s professional opinion is approval with modifications, Staff supports:
1. The variance request to Section 8.19 (C.1.b.2) of the UDC to allow a tree survey that is older than two (2) years for the residential plat approval; provided that a current tree survey of the area impacted by the new home construction is prepared for the building permit.
Board Review:
The Planning and Zoning Commission heard this Item at their February 27, 2017 meeting. They recommended approval (6-1) with the following condition:
1. The variance request to Section 8.19 (C.1.b.2) of the UDC to allow a tree survey that is older than two (2) years for the residential plat approval; provided that a current tree survey of the area impacted by the new home construction is prepared for the building permit.
.
Alternatives:
The City Council has the following options when considering a UDC variance request:
• Approve as submitted (with requested variance)
• Approve with modified or additional condition(s)
• Tabling the agenda item to a specific date with clarification of intent and purpose
• Deny