To: Planning and Zoning Commission
From: Alexis Russell, Planner I
Subject:
Title
Consider a request for a Site Plan Amendment with variances for Te’Jun, an approximately 5,500 square-foot two-story restaurant with a drive-thru, on the properties legally described as Lot 1, Block A, of the TEJUN Addition and Abstract 1171 Tract 2B03 of the Samuel Needham Survey, being approximately 1.62 acres, approximately 200 feet west of the intersection of Keller Parkway and Bourland Road, zoned Retail and addressed as 541 and 605 Keller Parkway. JRTR Investments LTD, Owner. Te’Jun, Applicant. (SITE-2412-0009)
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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.
On September 5, 2023, City Council approved the zoning change and Specific Use Permit (SUP) request for the drive-thru for the restaurant. In the same meeting, City Council approved a Site Plan for a 6,697 square-foot restaurant with variances for parking, landscaping/buffers, cross-access, screening, and setbacks.
In 2024, Te’Jun purchased the neighboring property, 605 Keller Parkway, with a plan to provide additional parking for the restaurant on that site. The property was previously occupied by Keller Glass & Mirror.
The Applicant has submitted an amended Site Plan that reduced the square-footage of the restaurant and included parking spaces on the second lot.
Variance Requests:
The Applicant is requesting the following variances to the Unified Development Code (UDC):
Parking
The UDC parking ratio for restaurants is 1 space per every 150 square-feet. The total parking requirement for the proposed structure (5,489 square-feet) is 37 spaces plus 2 accessible spaces.
The original site plan included 37 regular and 2 accessible spaces. The proposed plan includes 37 regular and 2 accessible spaces on the west lot (541 Keller Parkway), and 34 regular and 1 accessible space on the east lot (605 Keller Parkway), so the site will be overparked by 35 spaces.
Landscaping/Buffers
UDC Section 9.03(F)(1)(a) states that a minimum 30' landscape buffer adjacent to all thoroughfares with 4 or more lanes as classified on the Major Thoroughfare Plan is required.
1. A variance is requested to install a 20’ landscape buffer along Keller Parkway on the east lot in lieu of the 30’ buffer required
UDC Section 9.03(F)(3)(e) states that the ends of all parking aisles must be terminated with a landscaped island.
2. A variance is requested to not provide a landscape island at either end of the north parking row on the east lot.
UDC Section 9.03(F)(3)(i) states that if the number of parking spaces exceed the code requirements by more than 10%, 50 square-feet of additional landscaping shall be provided for each additional parking space.
The entire site is now overparked by 35 spaces. The Applicant is proposing to landscape approximately 30% of the new lot to satisfy the additional landscape requirements.
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.
Alternatives:
The Planning and Zoning Commission has the following options when considering a site plan with variances:
§ 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 application will be scheduled for City Council action on February 4, 2025.