To: Mark Hafner, City Manager
From: Trina Zais, Director of Public Services and Community Development
Subject:
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Consider a resolution approving a variance to the City of Keller Unified Development Code, Article 8, Zoning Districts, Development Standards, Tree Preservation, Section 8.08 Landscape Requirements, for Keller ISD Center for Advanced Learning, located on approximately 50.60 acres of land bounded on the north by North Tarrant Parkway, on the east by Willis Lane, on the south by Bursey Road, and on the west by Whitley Road, at 305 North Tarrant Parkway, being Lot 1, Block A of the K.I.S.D. Bursey Road Addition, and zoned PD-SF-8.4 (Planned Development-Single Family Residential-8,400 square foot lots). Billy Kidd, Keller Independent School District, property owner. Sangeetha Karthik, Corgan & Associates, architect/applicant. (UDC-17-0032)
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Action Requested:
Consider a resolution approving a variance to Section 8.08, Landscaping Requirements, for a landscape island with tree.
Property Description:
Located on approximately 50.60 acres of land bounded on the north by North Tarrant Parkway, bounded on the east by Willis Lane, bounded on the south by Bursey Road and bounded on the west by Whitley Road, at 305 North Tarrant Parkway.
Current Zoning:
PD-SF-8.4 (Planned Development-Single Family Residential-8,400 square foot lots)
Background:
A Planned Development Zoning Change for the Keller ISD Center for Advanced Learning, previously called the Career and Technology Education Center, was approved by City Council Ordinance No. 1737 on April 7, 2015. A site plan with variances was approved on April 7, 2015.
The school has been operating under a temporary Certificate of Occupancy while renovations were completed. The school called for a site final inspection on July 10, 2017. At that site final, it was noted that there were missing trees in several locations. Please see the July Inspection Email and subsequent e-mail correspondence in the Staff Attachment.
KISD then applied for a variance for the trees along Bursey Road. This variance was granted on September 5, 2017, by Resolution No. 3922. Please see the application and resolution in the Staff Attachment.
A second site final found two (2) of the original four (4) comments regarding landscaping had not been resolved, including the need for a landscape island with tree. Instead of saw cutting the concrete to install the landscape island, KISD planted a tree just outside the parking area where the landscape island was proposed, see attached inspection reports and inspection mark-up. KISD is now requesting a variance in-lieu of installing a landscape island.
Landscape Island:
At the time of site plan approval, Section 9.03 of the Unified Development Code (UDC) stated, “No more than twelve (12) consecutive parking spaces shall be allowed without the interruption of a landscape island.” And “An island the size of one (1) parking space shall contain one (1) large three-inch (3”) caliper canopy tree”. This exact language was maintained during the 2015 UDC update, and is now in Section 8.08 of the UDC.
The original site plan submittal, revised site plan to account for tree mitigation, and building permits showed the required island, see the Staff Attachment. The island was not constructed.
The applicant has stated the landscape island was originally omitted to allow the area to serve as a temporary drop-off location during construction. They stated they do not wish to go back and install the island as it would disrupt school operations. Please see the application in Exhibit A.
Variance
1. A variance is requested to Section 8.08 to omit a landscape island and instead, plant the required tree for the landscape island adjacent to where the landscape island would be required.
Surrounding Land & Zoning Uses:
North: West Bursey Ranch subdivision zoned SF-8.4 and Saint Elizabeth Ann Seton Church zoned SF-15 (Single Family Residential-15,000 square foot minimum).
South: City of Watauga, undeveloped, zoned SF-6 (Single Family) according to the City of Watauga website
East: Bursey Ranch Addition zoned PD-SF-8.4 and New Hope Lutheran Church, zoned SF-8.4
West: City of Watauga, office development, zoned C (Commercial) according to the City of Watauga website
Requested Variance:
1. A variance is requested to Section 8.08 to omit a landscape island and instead, plant the required tree for the landscape island adjacent to where the landscape island would be required.
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 is approved by the City, then the applicant would move forward with the permanent Certificate of Occupancy. If the request is denied, then code enforcement would work with the school district on a timeline to install the landscape island and tree that would reduce disruption to school operations, such as over the winter break.
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 applicant stated the area was used as a drop-off zone for the adjacent middle school during construction. However, temporary pavement may have been an option. KISD has the option to saw-cut the concrete to install the island as shown. Staff does not see any special circumstance such that strict application of the code would deprive the applicant of use of the land.
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.
Staff finds the granting of this variance will be detrimental to the public health, safety or welfare, or injurious to other properties in the area. Planting trees in parking lot areas is design to reduce heat island effects, improve air quality, and improve property values. Omitting the landscape island and planting the tree just outside the parking area will reduce these health, safety and welfare benefits.
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.
Staff finds the granting of this variance should have no effect on the orderly subdivision of land in the area. The properties surrounding this lot are all developed.
d. That the granting of the variance will not constitute a violation of any other valid ordinance of the City of Keller.
This variance is granted solely to Section 8.08 of the UDC and does not constitute a violation of any other valid ordinances.
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 purpose of landscaping in parking lot areas is to break up parking for aesthetic reasons, provide shade over parking spaces for comfort, reduce the heat island effects of concrete, and improve air quality. The alternative proposed does not serve the purpose of these regulations to a greater extent than strict compliance.
Recommended Actions:
The City Council has the following options when considering a UDC Variance request application:
-Approve as submitted
-Approve with additional condition(s) or modifications
-Table agenda item to a specific date with clarification of intent and purpose
-Deny
Professional Opinion:
Staff recommends denial of this variance request.
Board Review:
The Planning and Zoning Commission vote 5-1 to recommend approval at their November 27, 2017 meeting.