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File #: 24-180    Version: 1
Type: New Business Status: Approved
File created: 5/8/2024 Meeting Body: City Council
On agenda: 5/21/2024 Final action: 5/21/2024
Title Search: PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for a drive-thru for HTeaO, on 1.07 acres, approximately 550 feet northwest of the Rufe Snow Drive and Bursey Road intersection, legally described as Lot 2, Block A of the Keller Commons addition, zoned Retail (R) and addressed 2126 Rufe Snow Drive. L4CE LLC, Applicant. Retail Opportunity Keller LLC, Owner. (SUP-24-0008)
Attachments: 1. 052124_Ordinance_HTeaO, 2. 052124_HTeaO SUP_Application and Documents, 3. 052124_HTeaO SUP_Aerial Zoning, 4. H-4 HTeaO SUP Presentation

To:                     Aaron Rector, Interim City Manager

From:                     Amber Washington, Planner I

Subject:                     

Title

PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for a drive-thru for HTeaO, on 1.07 acres, approximately 550 feet northwest of the Rufe Snow Drive and Bursey Road intersection, legally described as Lot 2, Block A of the Keller Commons addition, zoned Retail (R) and addressed 2126 Rufe Snow Drive. L4CE LLC, Applicant. Retail Opportunity Keller LLC, Owner. (SUP-24-0008)

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Background:

The Applicant requests a Specific Use Permit (SUP) for a drive-thru for HTeaO, a Texas-based flavored tea bar. All drive-thru businesses in the city require approval of an SUP to operate.

 

The Applicant will be developing the site if awarded the SUP, at what would become the second HTeaO location for the franchisee.

 

Site Design:

As part of the SUP request, the Applicant has submitted a concept plan for the site, as an example of how it might be developed, with a 2,100 square-foot building designed for self-serve tea, YETI retail sales, and prepackaged food. There will be no sit-down dining or wait service. Staff will complete a formal review of site and civil plan submittals at a later date. The concept plan depicts a building style and elevations similar to other HTeaO locations. Proposed masonry calculations show the building to meet the requirements of Section 9.01 of the Unified Development Code, which requires a minimum of 75 percent masonry for non-residential construction. The building will comprise brick, stucco, and composite siding on an average of 79.5% of the façade. Parking will be calculated at a ratio of 1:100 for the square-footage of the waiting area, which is anticipated to be 40 percent of the building’s footprint, or 840 square-feet. A minimum of nine regular parking spaces and one accessible space would be required, with the concept plan showing 16 spaces. The stacking lane must provide room for at least six vehicles, per section 9.02 of the UDC.                     

 

Surrounding Land Uses:

The subject property is zoned Retail and designated Retail/Commercial on the city’s Future Land Use Plan (FLUP).

 

North: Vacant Commercial Property; City Trail and Public Open Space

South: Neighborhood Walmart; City Boundary Line with Watauga

East: Fall Creek Estates Phase II (SF-8.4 PD-1092)

West: Multi-Tenant Retail (Lupe’s Comida Con Sabor, Jeremiah’s Italian Ice, Salon Suites, Medical Office, General Retail.)

 

 

Hours of Operation/Employees:

Monday through Friday: 7:05 a.m. to 8:05 p.m.

Saturday: 8:05 a.m. to 8:05 p.m.

Sunday: 11:05 a.m. to 8:05 p.m.

 

May-August, operating hours will extend to 9:05 p.m. nightly.

 

The Applicant expects to open the business with 30 employees.

 

Trip Generation:

The Applicant provided a trip generation study which showed that a more in-depth traffic analysis was not required, as the site is expected to draw fewer than 2,000 total trips per day.

 

Summary:

Section 8.02 (F)(2) of the UDC states that when considering a SUP request, the 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 April 11, 2024, the city mailed out 15 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 not received any written support or opposition to this request.

 

Planning and Zoning Commission Recommendation:

At the April 23, 2024, Planning and Zoning Commission meeting, Commissioners unanimously recommended approval of the SUP request as presented. 

 

Alternatives:

The City Council has the following options when considering a Specific Use Permit:

§                     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.