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File #: 24-652    Version: 1
Type: New Business Status: Agenda Ready
File created: 11/20/2024 Meeting Body: City Council
On agenda: 12/3/2024 Final action:
Title Search: PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for a proposed 5,000 square-foot multitenant building, to allow a one-story building, to allow a proposed structure to be less than 6,000 square-feet, to allow a restaurant with drive-thru, and to allow one tenant to be a bank with drive-thru ATM, located directly north of the Keller Parkway and Country Brook Drive intersection, legally described as Tract 2E, Abstract 28 of the Pamela Allen Survey and addressed 1241 Keller Parkway. Ryan McIntosh, Trinity Partners Commercial Real Estate, Applicant/Owner. (SUP-2410-0009)
Attachments: 1. 120324_1241 Keller Pkwy Parcel 9 SUP_Ordinance, 2. 120324_1241 Keller Pkwy SUP_MAPS, 3. 120324_1241 Keller Pkwy SUP_Applicant Proposal, 4. 120324_1241 Keller Pkwy SUP_Survey, 5. 120324_1241 Keller Pkwy SUP_Elevations 1, 6. 120324_1241 Keller Pkwy SUP_Elevations 2, 7. 120324_1241 Keller Pkwy SUP_Concept Plan, 8. 120324_1241 Keller Pkwy Parcel 9 SUP_Trip Generation Form, 9. Item H-2 - 1241 Keller Pkwy SUP-2410-0009 Parcel 9

To:                     Aaron Rector, Interim City Manager

From:                     Sarah Hensley, Director of Community Development

Subject:

Title

PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for a proposed 5,000 square-foot multitenant building, to allow a one-story building, to allow a proposed structure to be less than 6,000 square-feet, to allow a restaurant with drive-thru, and to allow one tenant to be a bank with drive-thru ATM, located directly north of the Keller Parkway and Country Brook Drive intersection, legally described as Tract 2E, Abstract 28 of the Pamela Allen Survey and addressed 1241 Keller Parkway. Ryan McIntosh, Trinity Partners Commercial Real Estate, Applicant/Owner. (SUP-2410-0009)

Body

Background:

The Applicant intends to construct two multitenant buildings on the lot at 1241 Keller Parkway. This item is related to the building on Parcel 9, the western-most building.

 

Site Design:

The proposed structure is a one-story, approximately 5,000 square-foot building with two tenant spaces. UDC Section 8.17(4)(B)(1) states “the building height in the Town Center district shall be two (2) stories, not to exceed thirty-five (35) feet.” UDC Section 8.17(4)(b)(2) states “No building footprint in Town Center shall be less than six thousand (6,000) square feet of air-conditioned space. Building footprints less than six thousand (6,000) square feet may be approved by Specific Use Permit.”

 

1.                     An SUP is requested to allow a one-story building.

2.                     An SUP is requested to allow a building footprint of less than 6,000 square-feet.

 

The proposed elevations show a combination of brick, stone and stucco on the west and south elevations. The Applicant intends to meet all Unified Development Code (UDC) requirements for landscaping, parking and other site design. Because the property is in Town Center, a site plan must be submitted for consideration by the Planning and Zoning Commission and City Council, even if no variances are requested, prior to the submittal of any building permit applications.

 

Business Details:

The proposed tenants secured for the building are McAlister’s Deli (with drive-thru) and an unnamed bank with drive-up ATM. An SUP is required for a restaurant with drive-thru, and for a bank (with or without a drive-thru) in Town Center. The Applicant has stated that only one bank would be included in the development, but could be located on Parcel 8 or Parcel 9.

 

3.                     An SUP is requested to allow a restaurant with drive-thru.

4.                     An SUP is requested to allow a bank.

 

Zoning:

The subject property is zoned Town Center. Surrounding zoning is as follows:

 

North: Single-Family Residential 8,400 square-foot lots (Saddlebrook Estates)

South: Town Center

East: Town Center

West: Town Center

 

Land Use:

The subject property is designated Mixed-Use (MU) on the city’s Future Land Use Plan (FLUP). Surrounding land use designations are as follows:

 

North: High-Density Single Family Residential

South: MU

East: MU

West: MU

 

Planning and Zoning Commission Recommendation:

At the Nov. 12, 2024, Planning and Zoning Commission meeting, Commissioners unanimously recommended approval of the request as presented.

 

Summary:

Section 8.02 (F)(2) of the UDC states that when considering an SUP request, the Planning and Zoning Commission and City Council shall consider the following factors:

 

1)                     The use is harmonious and compatible with surrounding existing uses or proposed uses;

 

2)                     The activities requested by the applicant are normally associated with the permitted uses in the base district;

 

3)                     The nature of the use is reasonable and appropriate in the immediate area;

 

4)                     Any negative impact on the surrounding area has been mitigated; and

                     

5)                     That any additional conditions specified ensure that the intent of the district purposes are being upheld.

                     

Citizen Input:

On October 31, 2024, the City mailed out 34 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.

 

Staff has received no letters of support or opposition in response to this SUP request.

 

Alternatives:

The City Council has the following options when considering a Specific Use Permit:

 

§                     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.