To: Aaron Rector, City Manager
From: Sarah Hensley, Director of Community Development
Subject:
Title
Consider a resolution approving a Site Plan with variances for two proposed multitenant buildings, on the north side of Keller Parkway on approximately 3.6 acres, 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. (SITE-2501-0001)
Background:
On December 3, 2024, City Council approved the following Specific Use Permit (SUP) requests for the future development of the subject property:
Lot 1 (Western portion of the lot where Applicant proposes an approximately 6,400 square-foot building with two tenant spaces.) (Eastern portion of the lot where Applicant proposes an approximately 11,000 square-foot building with four tenant spaces.)
-An SUP to allow a one-story building.
-An SUP to allow a building footprint of less than 6,000 square-feet in the Town Center Zoning District (Applicant is now planning for a larger structure).
-An SUP to allow a restaurant with a drive-thru (McAlister’s Deli).
-An SUP to allow a bank.
Lot 2 (Eastern portion of the lot where Applicant proposes an approximately 11,000 square-foot building with four tenant spaces.)
- An SUP to allow a one-story building.
- An SUP to allow a restaurant with a drive-thru (Mo Bettah’s).
The Applicant also recently went through the SUP process for a proposed dental office to occupy one of the lease spaces on Lot 2 between two restaurants. That request was approved by City Council on April 1, 2025.
The purpose of this item is to review the request for a Site Plan with variances for the subject property. Per Unified Development Code (UDC) Section 4.15(D), all site plans within the Town Center zoning district must be considered by City Council after a recommendation by the Planning and Zoning Commission.
Site Layout: Variance Requested
Lot 1: The proposed structure is approximately 6,400 square-feet and includes a restaurant with a drive-thru (McAlister’s Deli) and a bank. Plans show a 320 square-foot patio at the front (south side) of the restaurant and drive-thru window with stacking lane on the western side of the building.
UDC Section 9.01(2)(D)(2) states “all service areas and waste containers and trash compactors shall be located at the rear of the property and shall not face a street.”
1. The Applicant requests a variance to allow the dumpster enclosure on Lot 1 to face Keller Parkway.
Lot 2: The proposed structure is approximately 10,980 square-feet and includes a restaurant with a drive-thru (Mo-Bettah’s), a full-service restaurant (First Watch), proposed dental office and approximately 1,500 square-feet of unassigned lease space. Plans show 500 square-foot patios at the front (south side) of both restaurants, and drive-thru window with stacking lane along the western side of the building.
Elevations:
The proposed elevations show a combination of almond-colored brick and EIFS on all elevations. The south elevation (facing Keller Parkway) is proposed to be 95% brick and 5% EIFS. Metal canopies with a medium bronze finish are shown over all doors and windows, including the restaurant drive-thru windows.
All signage for individual tenants and any monument sign will be approved by separate permits.
Landscaping/Buffers: Variance Requested
The Applicant provided a detailed landscape plan that meets Town Center and basic UDC landscape requirements for non-residential developments. A 30’ landscape buffer with existing trees plus six new large canopy trees is provided along the northern property line adjacent to the single-family residential neighborhood. A 30’ landscape buffer is also provided along the southern property line adjacent to Keller Parkway with eleven large canopy and ornamental trees, as required by the UDC.
Landscape plans include all required parking lot landscaping, and four planting areas with Mexican Feather Grass and Agave at the front of both structures in lieu of the foundation planting requirements. The proposed planting areas are each approximately 100 square feet. The artificial turf proposed when the site plan was considered by the Planning and Zoning Commission has been removed.
UDC Section 9.03(F)(3)(j) states “Foundation planting a minimum of five feet (5') in width shall be provided at the fronts and sides of buildings and shall consist of a combination of groundcovers, shrubs, and ornamental trees.”
2. The Applicant requests to provide two planting areas in front of each structure (four total) of approximately 100 square-feet, in lieu of the foundation planting requirement.
Parking: Variance Requested
UDC Section 9.02(H)(4) states that “For buildings that have mixed uses within the same structure (such as retail and office), the parking requirement shall be calculated for the most intensive use.” Based on this guideline, the parking requirement is 1 space per 100 square-feet, the ratio for restaurants with drive-thrus, and total parking for both lots is 175 spaces.
If the parking requirement was calculated at the ratios for each type of use proposed for individual lease spaces, the requirement would be as follows:
Restaurant with drive thru: 4,800 SF at 1:100 ratio = 48 spaces
Full-service restaurant (includes unassigned lease space): 5,314 SF at 1:150 ratio = 36 spaces
Bank: 4,000 SF at 1:300 ratio = 14 spaces
Dental office: 3,200 SF at 1:200 ratio = 16 spaces
Total: 114 spaces
The Applicant intends to construct 151 regular plus 7 accessible spaces on-site.
3. The Applicant requests a variance to allow the site to be under parked by 24 spaces.
Roadway Access:
The Applicant intends to utilize the existing driveway access off Keller Parkway that currently runs through the lot to serve the Braum’s restaurant on the adjacent lot to the west.
Drainage and Utilities:
The applicant has submitted preliminary drainage and utility plans for this development and has met the requirements of the UDC for this development.
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
Variances Requested:
1. A variance request to allow the dumpster enclosure on Lot 1 to face Keller Parkway.
2. A variance request to provide two planting areas in front of each structure (four total) of approximately 100 square-feet, in lieu of the foundation planting requirement.
3. A variance request to allow the site to be under parked by 24 spaces.
Summary:
Section 2.07(A)(2) of the UDC lists criteria for approval of a variance, the Planning and Zoning Commission and City Council shall consider the following factors:
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.
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.
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.
d. That the granting of the 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.
Citizen Input:
A Site Plan application, even with variances, does not require a public hearing, so no public hearing notifications were sent out to the surrounding property owners for this request. The public will have an opportunity to speak on this agenda item during “Persons To Be Heard.”
Planning and Zoning Commission Recommendation:
At the March 25, 2025, Planning and Zoning Commission meeting, Commissioners recommended approval of the site plan with variances, with the condition that natural landscaping be required on the south side of the buildings by a vote of 6-1.
Alternatives:
The City Council has the following options when considering a site plan with variances:
• 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.