M E M O R A N D U M. Meeting Date: May 1, Item No. H-4. Steve Polasek, Interim City Manager. David Hawkins, Senior Planner

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1 M E M O R A N D U M Meeting Date: May 1, 2012 Item No. H-4 To: From: Subject: Steve Polasek, Interim City Manager David Hawkins, Senior Planner PUBLIC HEARING: Consider an ordinance approving a planned development amendment for Johnson Estates, a proposed single family residential development consisting of 6 residential lots, located on an approximate.94-acre tract of land out of the Samuel Needham Survey, Abstract No. 1171, Tract 1Q3, at 140 Johnson Road, and an approximate.11-acre lot, at 508 Charles Street, being Lot 21, Block A, Thornton Place Addition, for an approximate total of 1.05 acres, on the south side of Johnson Road between Charles Street and Jessie Street, and zoned PD-SF-8.4 (Planned Development-Single Family Residential-8,400 square-foot minimum). Sarah Randel, owner. Dustin Austin Enterprises, Inc., applicant/developer. Kellie Engineering, engineer. (Z ) Action Requested: Property Description: Property Owner: Applicant/ Developer: Engineer: Conduct a public hearing and consider an ordinance approving a planned development amendment for Johnson Estates, a proposed 6-lot residential development. Located on approximately 1.05 acres of land on the south side of Johnson Road between Charles Street and Jessie Street, at 140 Johnson Road. Sarah Randel. Dustin Austin Enterprises, Inc. Kellie Engineering. Page 1 of 9

2 Current Zoning: PD-SF-8.4 (Planned Development-Single Family Residential-8,400 square-foot minimum). Background: Analysis: Minimum Lot Size: Minimum Lot Width: Minimum Dwelling Unit Size: Building Setbacks: The City Council approved a final plat for Thornton Place on January 20, 1998 for Lot 21, Block A. The remaining 0.94 acres out of the Samuel Needham Survey, Abstract No has never been platted and has an existing 3,100 square-foot residence located on this property. On December 4, 2001, the entire property was rezoned from 2F (Two-Family) to PD-SF-8.4 (Planned Development- Single Family Residential-8,400 square- foot minimum) by City Council (Ordinance No. 1080). The property was intended to be subdivided into five (5) single-family residential lots. The planned development was never developed and the property has remained intact. A copy of Ordinance No and the zoning exhibit are enclosed with this packet. The purpose of this planned development amendment is to change the approved concept plan for this development from five (5) residential lots to six (6) residential lots. The applicant also proposes to amend some of the development standards that were approved with the original planned development zoning change under Ordinance No The minimum lot area for the original planned development under Ordinance No is 6,750 square feet. There are six (6) residential lots proposed in which the lots sizes range from 6,760 square feet to 9,737 square feet with an average lot size of 7,738 square feet. The proposed density of this development is 5.6 units per acre. There are no proposed changes to the minimum lot area for this planned development amendment request. The minimum lot width for the SF-8.4 zoning district is sixty-five feet (65 ). The original planned development was approved with the same minimum lot width. The applicant is proposing a reduction to the minimum lot width from sixty-five feet (65 ) to sixty-feet (60 ) for this planned development amendment request. There are no proposed changes to the minimum dwelling unit size of 1,800 square feet as approved on the original planned development under Ordinance No The developer proposes to maintain the front building setbacks at the required twenty-five feet (25 ) and rear building setback at Page 2 of 9

3 fifteen feet (15 ). The applicant is proposing five-foot side building setbacks in lieu of the required ten percent (10%) of the lot width but no more than fifteen feet (15 ) as stated in the UDC. The minimum side building setback for the original planned development under Ordinance No matched the base zoning district for SF-8.4. The applicant is also requesting a reduced side building setback along Johnson Road for Lots 3 and 4 to fifteen feet (15 ). The UDC requires a twenty-foot (20 ) side building setback when adjacent to a designated thoroughfare street. Garage Setbacks: Section 9.02 (C.5) of the UDC requires attached front-facing garages to be a minimum of forty-five feet (45 ) from the front property line. The applicant is proposing to reduce the setback to twenty-five feet (25 ), the same as the front building setback line for this planned development amendment request. J-swing garages are permitted by the UDC in the SF-8.4 or smaller zoning districts or within PD districts and are allowed up to the front building setback lines. Exterior Improvements: The current planned development under Ordinance No was approved with a reduced minimum exterior masonry requirement of fifty percent (50%) for the single-family residences. The applicant is proposing to amend this requirement to meet the minimum eighty percent (80%) masonry requirement within the UDC. Fencing/ Screening: Section 5.10 (A) of the UDC requires a six-foot (6 ) masonry screening wall to be constructed when a residential side or rear yard is adjacent to a arterial or collector street on the City s Master Thoroughfare Plan. The applicant is requesting to install a cedar wood privacy fence along Johnson Road for Lots 3 and 4 in lieu of the masonry screening wall requirement for this planned development amendment request. Landscaping & Tree Preservation: Section 5.10 (B.1) of the UDC requires a row of large canopy trees spaced twenty-five feet (25 ) along a thoroughfare street for residential developments. The applicant is requesting to waive this landscaping requirement for this planned development amendment request. Signage & Site Lighting: Street Access: No signage or site lighting is proposed for this development. Each residential lot will have a driveway off of Charles Street or Jessie Street. No driveway access will be allowed onto Johnson Road. Page 3 of 9

4 Sidewalks: Fire Protection: Drainage & Utilities: Four-foot (4 ) wide sidewalks along Charles Street and Jessie Street lot will be installed by the home builders at time of home construction for each residential lot. A five foot (5 ) concrete sidewalk exists along the north property line which was installed during the widening of Johnson Road. There are existing fire hydrants that can provide fire protection for this development. Engineered drainage plans will be submitted at time of building permit application and meet the requirements of the Unified Development Code (UDC). Water and sewer utilities available to serve this development. Existing Roadway Access: Johnson Road, a two-lane concrete roadway with a continuous turn-lane extending west and east. Jessie Street and Charles Street, both are two-lane concrete residential streets. Surrounding Zoning & Land Uses: Requested PD Conditions: North: Harvel Elementary School and single family residences, zoned SF-LD (Single Family-Low Density-36,000 square- foot minimum) South: Thornton Place Subdivision, zoned SF-8.4 (Single Family Residential-8,400 square-foot minimum) East: Johnson Addition Subdivision, zoned SF-8.4 West: Thornton Place Subdivision, zoned SF-8.4 The applicant is proposing the following standards that deviates or exceeds the development standards of the UDC for this planned development: 1. To reduce the minimum lot width from sixty-five feet (65 ) to sixty feet (60 ). 2. To set the side building setback lines at five feet (5 ). 3. To reduce the side building setback line along Johnson Road for Lots 3 and 4 from twenty feet (20 ) to fifteen feet (15 ). 4. To reduce the minimum setback for attached front-facing garages from forty-five feet (45 ) to twenty-five feet (25 ). 5. To install a cedar wood privacy fence along Johnson Road in lieu of the required six-foot (6 ) masonry screening wall. 6. To waive the required landscaping along Johnson Road. Page 4 of 9

5 Public Input: Board Review: On March 30, 2012, as required by State law, the City mailed out twenty-seven (27) letters of Notifications for a Public Hearing to all property owners within two hundred feet (200 ) of the subject site. A public hearing notice sign was also posted on the site. Notification of a Public Hearing was published in the local newspaper (Fort Worth Star Telegram) fifteen (15) days prior to the scheduled City Council meeting date. As of April 25, 2012, City staff has received one (1) phone call from the public inquiring for additional information and two (2) responses in opposition of this planned development amendment request. At the April 9, 2012 Planning and Zoning Commission meeting, three (3) persons were present at the public hearing and spoke in opposition of the project (see Planning and Zoning Commission meeting minutes enclosed in packets). The Planning and Zoning Commission conducted a public hearing and considered this planned development amendment application on April 9, 2012 and recommended approval (6-1) with the following conditions: 1. The request to reduce the minimum lot width from sixty-five feet (65 ) to sixty (60 ) shall not be allowed. 2. The request to set the minimum side building setback line at five feet (5 ) shall be allowed. 3. The request to reduce the side building setback line along Johnson Road for Lots 3 and 4 from twenty feet (20 ) to fifteen feet (15 ) shall not be allowed. 4. The request to reduce the minimum front setback line for attached, front-facing garages from forty-five feet (45 ) to twenty-five feet (25 ) shall not be allowed. J-swing garages shall be permitted for this development. 5. The request to install a six-foot (6 ) cedar wood privacy fence along the north property lines of Lots 3 and 4 in lieu of the required six-foot (6 ) masonry screening wall shall not be allowed. 6. A row of landscape shrubs shall be installed in lieu of the required row of large canopy trees along Johnson Road. Summary: The applicant has met the requirements of the UDC for this planned development amendment application with the exception of the four (4) requested variances. If this planned development amendment request is approved by the City, then a final plat will be submitted for review by the City before any permits can be issued. Page 5 of 9

6 Section 8.02 (D.1.e) of the UDC states that when considering a zoning change request, the Planning and Zoning Commission and 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 amount 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. Supporting Documents: Supporting documents include: Planning and Zoning Commission Minutes (April 9, 2012) Proposed Ordinance o Exhibit A Applicant Letter (Dated March 22, 2012) Concept Plan Exhibit Staff Attachments o Ordinance No and Approved Concept Plan (Approved by City Council- December 4, 2001) o Responses from Public Maps of Property o Zoning Map (Aerial dated March 2011) o Aerial View (Aerial dated March 2011) Page 6 of 9

7 Recommended Actions: City Council has the following options when considering a planned development amendment application: Approve as submitted (with conditions) Approve with modifications or additional condition(s) Tabling the agenda item to a specific date with clarification of intent and purpose Denial Staff Recommendation: Staff forwards this planned development amendment application for City Council consideration with the following conditions: 1. The request to reduce the minimum lot width from sixty-five feet (65 ) to sixty (60 ) shall not be allowed. 2. The request to set the minimum side building setback line at five feet (5 ) shall be allowed. 3. The request to reduce the side building setback line along Johnson Road for Lots 3 and 4 from twenty feet (20 ) to fifteen feet (15 ) shall not be allowed. 4. The request to reduce the minimum front setback line for attached, front-facing garages from forty-five feet (45 ) to twenty-five feet (25 ) shall not be allowed. J-swing garages shall be permitted for this development. 5. The request to install a six-foot (6 ) cedar wood privacy fence along the north property lines of Lots 3 and 4 in lieu of the required six-foot (6 ) masonry screening wall shall not be allowed. 6. A row of landscape shrubs shall be installed in lieu of the required row of large canopy trees along Johnson Road. Page 7 of 9

8 Minutes of the Planning and Zoning Commission April 9,2012 Page 2 of 9 David Hawkins, Senior Planner, gave an overview of the project and staff s recommendation. Mr. Don Phifer, representative for the applicant, was present to address the Planning and Zoning Commission and answer questions. Chairman Brown opened the public hearing for Item E-1. Bruce Iverson, 1622 Kingsmill Court, Keller, TX, 76248; and Ron Bickel, 912 Greenbriar Drive, Keller, TX, both spoke in support of Item E-1 and cited concerns of drainage. Leslie Sagar motioned to close the public hearings for Item E-1. Dan Truby seconded and the motion carried unanimously (7-0). Discussion was held on water management, water runoff, and the Future Land-Use Plan. Dan Truby motioned to approve Item E-1 as submitted. Jackie Black seconded and the motion carried unanimously (7-0). 2. PUBLIC HEARING: Consider a recommendation of a Specific Use Permit (SUP) for Shiver Shak to operate a temporary vendor business at 540 Keller Parkway, on Lot A3R2A, Block 1, Indian Meadows Addition, located on the southwest corner of the Keller Parkway and Navajo Drive intersection, approximately 380 feet west of Bourland Road, and zoned R (Retail). Navajo Center L.P., owner. DFW GloboLink Inc. DBA Shiver Shak, applicant/developer. (Case No. SUP ) David Hawkins, Senior Planner, gave an overview of the project and staff s recommendation. The applicant was not present to address the Planning and Zoning Commission and answer questions. Chairman Brown opened the public hearing for Item E-2. No public comments were received. Dan Truby motioned to close the public hearing for Item E-1. Arelyn Cox seconded and the motion carried unanimously (7-0). Discussion was held on electricity and water services for the sno cone trailer; distance of the trailer from Navajo Drive; parking lot lighting; granting of a 4-year specific use permit (SUP); and aesthetics regarding the appearance of the trailer. Dan Truby motioned to table Item E- 2 until the April 23, 2012 Planning and Zoning Commission meeting. Paul Frederickson seconded and the motion carried unanimously (7-0). 3. PUBLIC HEARING: Consider a recommendation of a Planned Development Amendment for Johnson Estates, a proposed 6-lot residential development, located on approximately 1.05 acres of land on the south side of Johnson Road between Charles Street and Jessie Street, at 140 Johnson Road, being approximately 0.94 acres out of the Samuel Needham Survey, Abstract No and 508 Charles Street, being Lot 21, Block A, Thornton Place Addition, and zoned PD-SF-8.4 (Planned Development-Single Family Residential-8,400 Square Foot Minimum). Sarah Randel, owner. Dustin Austin Enterprises, Inc., applicant/developer. Kellie Engineering, engineer. (Case No. Z ) David Hawkins, Senior Planner, gave an overview of the project and staff s recommendation. Ed Kellie of Kellie Engineering was present to address the Planning and Zoning Commission and answer questions. Page 8 of 9

9 Minutes of the Planning and Zoning Commission April 9,2012 Page 3 of 9 Chairman Brown opened the public hearing for Item E-3. Katherine Nolte, 420 Charles Street, Keller, TX, 76248; Kevin Hunt, 412 Charles Street, Keller, TX, 76248; Sue Fletcher, 501 Jessie Street, Keller, TX, 76248; all spoke in opposition to Item E-3, citing concerns of the purposes of zoning; property values; traffic congestion; small lots; and front-facing garages. Leslie Sagar motioned to close the public hearing for Item E-3. Jackie Black seconded and the motion carried unanimously (7-0). Discussion was held on the requested variances by the applicant for this planned development amendment application. Dan Truby motioned to approve Item E-4 with the following conditions: 1. The request to reduce the minimum lot width from sixty-five feet (65 ) to sixty (60 ) shall not be allowed. 2. The request to set the minimum side building setback line at five feet (5 ) shall be allowed. 3. The request to reduce the side building setback line along Johnson Road for Lots 3 and 4 from twenty feet (20 ) to fifteen feet (15 ) shall not be allowed. 4. The request to reduce the minimum front setback line for attached, front-facing garages from forty-five feet (45 ) to twenty-five feet (25 ) shall not be allowed. J-swing garages shall be permitted for this development. 5. The request to install a six-foot (6 ) cedar wood privacy fence along the north property lines of Lots 3 and 4 in lieu of the required six-foot (6 ) masonry screening wall shall not be allowed. 6. A row of landscape shrubs shall be installed in lieu of the required row of large canopy trees along Johnson Road. Jackie Black seconded and the motion carried (6-1) with the following vote: Ayes: Nays: Jackie Black, Dan Truby, Arelyn Cox, Jay Brown, Leslie Sagar, Paul Frederiksen Carol Blevins 4. PUBLIC HEARING: Consider a recommendation of an amendment to the Land Use Element of the City of Keller Master Plan to amend the Future Land Use Plan/Map for 4.42 acres of land, being Lot 1, and a portion of Lot 2, Block 1, Henson Place Addition, located on the west side of Keller-Smithfield Road, approximately 1,300 feet north of Johnson Road, at 760 Keller Smithfield Road. The Future Land Use Plan Amendment proposes to change the current Land Use designation from LD-SF (Low Density-Single Family-25,000 square foot lots and greater) to MD-SF (Medium Density-Single Family-15,000 to 24,999 square foot lots). Milclif LLC., owners. Providential Land Development, LP., applicant/developer. Thomas Hoover Engineering, engineer. (Case No. LUP ) Page 9 of 9