To: Mark Hafner, City Manager
From: Julie Smith, Director of Community Development
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving two Specific Use Permits (SUPs) for Dutch Bros, a proposed 1,270 square-foot restaurant with drive-thru (including a 320 square-foot covered patio with no patio seating and no interior seating), on an approximately 1-acre tract of land, located on the north side of Keller Parkway (F.M. 1709), approximately 150 feet northwest of Country Brook Drive and Keller Parkway (F.M. 1709) intersection, at 1241 Keller Parkway, being a portion of Tract 2E out of the Pamela Allen Survey, Abstract No. 28, and zoned Town Center (TC). Greenway-Keller, L.P., Owner. BB Holdings TX LLP., Applicant. (SUP-22-0001)
Background:
The Applicant is proposing to construct a 1,270 square-foot building with drive-thru. The total square footage includes a 950 square-foot enclosed building with a 320 square-foot covered patio with no patio seating and no interior seating. The Town Center zoning district requires a minimum building of 6,000 square-feet. All zoning districts require a SUP for drive-thrus.
Site Design:
The proposed 1,270 square-foot building with drive-thru will have a total of 19 parking spaces with 1 handicap space. The parking is divided by the drive-thru lane with 9 parking spaces near Keller Parkway and the remaining 10 at the most northern area, adjacent to the residential subdivision. These parking spaces are for employees and any customers wishing to utilize the walk-up window. The Applicant is proposing to meet all other Town Center guidelines.
The Concept Plan depicts how the lot may be developed if the SUP request is approved. (See Staff Attachment B - Proposed elevation renderings and conceptual plan.)
Whether or not the SUPs are approved, the site plan will be required to be brought forward for approval by City Council after a recommendation from the Planning and Zoning Commission, because it is within the Town Center (TC) zoning district.
Elevations:
The Applicant proposes to construct 75% of the entire 1,270 square-foot building with brick veneer which meets Town Center (TC) guidelines. (See Staff Attachment B - Proposed elevation renderings and conceptual plan.)
Hours of Operation:
Open 7 days a week from 6:00 A.M. to 9:00 P.M.
Planning and Zoning Commission Recommendation:
The item came to the Planning and Zoning Commission on February 22, 2022, and a public hearing was held. However; because the applicant was not present, the item was tabled to March 8, 2022.
On March 8, 2022, the Planning and Zoning Commission unanimously recommended denial of the application. The Commission expressed concern about this particular location on Keller Parkway and explained that there were very few tracts of raw land for development on this very important thoroughfare. Given the size of the tract, they did not think it appropriate to dedicate it to a drive-thru use only. The Commission further expressed uneasiness with the amount of concrete and the small size of the building on an approximately one-acre tract. The Commission did encourage the Applicant to take advantage of Economic Development’s offer to find a more appropriate location for an exclusively drive-thru use in Keller. The Commission made it clear that they supported the business, but not the location. The Commission encouraged Dutch Bros to reach out to Economic Development to help locate another site within Keller, since they would welcome the opportunity to purchase their coffee.
Summary:
SUPs Requested:
1. An SUP to allow the structure to be less than the required 6,000 square-foot requirement for the Town Center zoning district.
2. An SUP to allow the structure to have a drive-thru in the Town Center zoning district.
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 February 11, 2022, the City mailed out 25 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 also posted on the site.
On February 22, 2022, the Planning and Zoning Commission opened and closed the public hearing. However, the Commission tabled the item as the Applicant was not present to answer the Commissioners’ questions.
Staff received one email in opposition from the public. The email was received prior to the February 22, 2022 public hearing. See Staff Attachment D - Opposition email.
City Council Alternatives:
The City Council has the following options when considering two Specific Use Permits:
§ 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. (Planning and Zoning Commission recommendation.)
Supporting Documents:
§ Maps
§ Staff Attachment A - Application and Narrative
§ Staff Attachment B - Proposed elevation renderings and conceptual plan
§ Staff Attachment C - Establishment Map
§ Staff Attachment D - Opposition email