To: Mark Hafner, City Manager
From: Sarah Hensley, Director of Community Development
Subject:
Title
Consider a resolution approving a Site Plan with variances for a new 6,697 square-foot two-story restaurant, for the property legally described as Lot 3A, Block 1 of Foote’s Addition (recently replatted as Lot 1, Block A, TEJUN Addition), being 1.208 acres, approximately 300 feet west of the intersection of Keller Parkway and Bourland Road, zoned Planned Development 1323-Retail (R-PD-1323), and addressed as 541 Keller Parkway. City of Keller, Owner/TeJun, Applicant. (SP-23-0017)
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Background:
On March 21, 2023, City Council approved the bid from Te’Jun, a proposed 6,697 square-foot two-story restaurant with a drive-thru, for the purchase of city-owned property at 541 Keller Parkway.
The zoning change and Specific Use Permit (SUP) request for the drive-thru are on this agenda as separate items.
Elevations:
The proposed two-story structure exterior will be comprised of approximately 39% natural stone, with the rest of the façade being Hardi board with timber trim and metal roofing. The concept is intended to be reminiscent of a large Louisiana-style home that includes a porch and balcony overlooking the drainage easement directly north of the property.
Variance Requests:
The Applicant is requesting the following variances to the Unified Development Code (UDC):
Landscaping/Buffers
1. A Variance to UDC Section 9.03(F) to install a 20’ landscape buffer along Keller Parkway in lieu of the 30’ buffer required when adjacent to thoroughfares with four lanes or more as classified on the city’s Thoroughfare Plan.
2. A Variance to UDC Section 9.03(F) to install 2’ x 6’ planter boxes at the front and sides of the building in lieu of the required foundation planting.
Parking
The UDC parking ratio for restaurants is 1 space per every 150 square-feet. The total parking requirement for the proposed structure is 45 spaces plus 2 accessible spaces. The proposed site plan includes 37 regular spaces (an 8-space deficit) and 2 accessible spaces.
3. A Variance to UDC Section 9.02(G) to allow 37 regular parking spaces in lieu of the required 45 spaces.
Cross Access
For non-residential and multi-family developments, the UDC requires all properties extend access points to adjacent properties.
4. A Variance to UDC Section 5.07(B) to not provide a cross access connection to adjacent properties.
Screening
The UDC requires masonry screening for all service and loading areas.
5. A Variance to UDC Section 9.01 (D) to install shrubs in lieu of a screening wall for the loading zone.
Setbacks
The Retail Zoning District requires a 20’ rear yard setback. The Applicant wishes to construct a dock that will extend into the setback.
6. A Variance to UDC Section 8.16 to allow the future dock to encroach the rear setback by no more than 19 feet.
Citizen Input:
Site Plan applications, even with variances, do not require a Public Hearing, so no public notices were sent out. The public will have the opportunity to speak on this item during “Persons to be Heard.”
Summary:
According to section 2.07 (A)(2) of the Unified Development Code, the Planning and
Zoning Commission and City Council shall take into account the nature of the proposed
use of land involved and existing uses of the land in the vicinity, the number of persons
who will reside or work in the proposed subdivision, and the probable effect of such
variance upon traffic conditions and upon the public health, safety, convenience, and
welfare in the vicinity. No variance shall be granted unless the Planning and Zoning
Commission and City Council finds:
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.
Planning and Zoning Commission Recommendation:
At the August 8, 2023, Planning and Zoning Commission meeting, Commissioners unanimously recommended approval of the site plan with variances as presented.
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.