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File #: 20-538    Version: 1
Type: New Business Status: Agenda Ready
File created: 11/30/2020 Meeting Body: Planning & Zoning Commission
On agenda: 12/8/2020 Final action:
Title Search: PUBLIC HEARING: Consider a request for a Specific Use Permit (SUP) for Las Palapas to occupy a 4,065 square-foot restaurant with drive-thru, situated on a 1.16-acre tract of land, located on the north side of Keller Parkway (FM 1709), approximately 250 feet northwest of the intersection of Cindy Street and Keller Parkway, being Lot 1, Block A, Southwest LTC Addition, zoned Retail (R), located at 455 Keller Parkway. Crista Hubbard, owner. Michael Twitchell, L.P., applicant. (SUP-20-0025)
Attachments: 1. Aerial and Zoning Maps.pdf, 2. Exhibit A_Application and information.pdf
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To:                     Planning and Zoning Commission

From:                     Katasha Smithers, Planner

Subject:                     

Title

PUBLIC HEARING: Consider a request for a Specific Use Permit (SUP) for Las Palapas to occupy a 4,065 square-foot restaurant with drive-thru, situated on a 1.16-acre tract of land, located on the north side of Keller Parkway (FM 1709), approximately 250 feet northwest of the intersection of Cindy Street and Keller Parkway, being Lot 1, Block A, Southwest LTC Addition, zoned Retail (R), located at 455 Keller Parkway. Crista Hubbard, owner. Michael Twitchell, L.P., applicant. (SUP-20-0025)

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Background:

In January 2015, Dairy Queen received their Certificate of Occupancy for a drive-thru restaurant. At this time, the Code did not require a specific use permit (SUP) for a drive-thru component.

 

In July 2015, the Unified Development Code (UDC) was amended to require an SUP for a drive-thru restaurant.

 

In December 2019, Dairy Queen vacated the property; it continues to remain vacant today.

 

Today, Las Palapas proposes to occupy the drive-thru restaurant and utilize the drive-thru component. However, a drive-thru requires a SUP in the Retail Zoning district. The business is planning a significant remodel for the structure. The property abuts residential property to the north. The buffer between the parking lot and the neighborhood includes cedar and live oak trees and an eight-foot masonry screening wall.

 

Hours of Operation:

Open 7 days a week from 6AM to 12AM

 

Employees:

The restaurant will employ a maximum 20 people.

 

Economic Impact:

Las Palapas is expected to generate approximately $72,000 per year in sales tax revenue for the City of Keller.

 

Summary:

Section 8.02 (F)(2) of the UDC states that when considering a 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 November 25, 2020, the City mailed out 49 letters of Notifications 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.

 

As of today, Staff has not received any comments either in support or opposition from the public.

 

Alternatives:

The Planning and Zoning Commission has the following options when considering a Specific Use Permit:

 

§                     Recommend approval as submitted.

§                     Recommend approval with modified or additional condition(s).

§                     Table the agenda item to a specific date with clarification of intent and purpose.

§                     Recommend denial.

                     

City Council Action:

If the Planning and Zoning Commission takes action and makes a recommendation on this agenda item, then this Specific Use Permit application will be scheduled for City Council action on January 5, 2021

 

Supporting Documents:                     

§                     Aerial and Zoning Maps

§                     Exhibit A - Application and information