To: Planning and Zoning Commission
From: Kalvin Eddleman, Planner I
Subject:
Title
PUBLIC HEARING: Consider a request for a Specific Use Permit (SUP) for The Back Nine, to operate an Indoor Entertainment Facility in an existing lease space in a multi-tenant building on 3.11 acres, located at the northeast corner of the Keller Parkway and Bourland Road intersection, legally described as Lot 7R, Block B of the Stone Glen subdivision, zoned Retail and addressed 721 Keller Parkway, Unit 110. Evergreen Fern LTD, Owner. Melanie Bagley, Applicant. (SUP-2503-0013)
Background:
The Applicant has requested a Specific Use Permit (SUP) for The Back Nine, an indoor entertainment facility.
Section 3.01 (142) of the Unified Development Code (UDC) defines indoor entertainment facility as “Any building, room, place or establishment of any nature or kind and by whatever name called, where amusement devices are operated for a profit, whether the same be operated in conjunction with any other business or not, including but not limited to such amusement devices as bowling, skating, laser tag, miniature golf, musical devices, coin operated pinball machines, video games, electronic games, shuffle boards, pool tables or other similar amusement devices.”
Business Details:
The Back Nine is an indoor golf facility offering simulators and training areas for golfers of all experience levels.
The facility will not have food or alcohol for sale but intends to allow customers to bring their own food or non-alcoholic beverages, or order deliveries from neighboring restaurants.
The Back Nine intends to operate 24 hours a day, seven days a week. The Applicant has stated that there will be no outdoor music or entertainment.
Site Design:
The facility will occupy an existing lease space that is approximately 2,590 square feet. The application packet includes a concept plan indicating proposed interior modifications.
The parking requirement for a Commercial Amusement (indoor) use is three spaces per 1000 square feet of gross floor area, bringing the total number of spaces needed to 8 spaces plus the required accessible space. The property currently has approximately 135 regular spaces and the 5 accessible spaces shared among lease spaces.
Surrounding Land Use Designations:
North: Mixed Use (MU)
East: Retail/Commercial (RTC)
South: Mixed Use (MU) / Retail/Commercial (RTC)
West: Semi-Public (SP) / Mixed Use (RTC)
The subject property is zoned Retail (R), and designated Mixed Use (MU) on the city’s Future Land Use Plan (FLUP).
Citizen Input:
On March 27, 2024, 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 posted on the site.
Staff has received no letters of support or opposition in response to this SUP request.
SUP Request:
To operate an indoor entertainment facility for The Back Nine in the Retail zoning district.
Summary:
Section 8.02 (F)(2) of the UDC states that when considering a SUP request, the Planning and Zoning Commission 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.
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.