To: Mark Hafner, City Manager
From: Sarah Hensley, Interim Community Development Director
Subject:
Title
Consider a resolution approving a Site Plan Amendment with a variance for Desi Adda, in an existing 7,100 square-foot building, situated on 1.25 acres located on the south side of Keller Parkway, approximately 160 feet east of the intersection of Keller Parkway and Town Center Lane, legally described as Lot 3, Block B of Keller Town Center Addition, zoned Town Center (TC) and addressed 1110 Keller Parkway. VC Keller Parkway LLC, Owner; Ramesh Tinnanooru, Applicant. (SP-23-0005)
Background:
In February 2023 City Council approved a Specific Use Permit (SUP) for Desi Adda to operate an Indian food market and eatery at 1110 Keller Parkway. Section 4.15(D) of the Unified Development Code (UDC) requires all site plans in Town Center be considered by City Council after a recommendation from the Planning and Zoning Commission.
Site Layout:
The Applicant is proposing no exterior changes to the building except to clear out, replace and enhance the landscaping, and to convert two accessible parking spaces to regular spaces. The structure has been vacant since 2019.
Parking:
The total parking requirement for the business is 48 spaces plus 2 accessible spaces (accessible spaces do not count toward the total parking requirement). The site currently has 40 spaces and 4 accessible spaces. The Applicant proposes to convert 2 of the accessible spaces and the striped area between them into 3 spaces, bringing the total onsite parking to 43 spaces and 2 accessible spaces.
The Applicant requests a variance to the parking requirement of 48 spaces, and has entered into a shared parking agreement with the property owner to the east to fulfill the additional 5 spaces not provided on site.
Planning and Zoning Commission Recommendation:
On April 25, 2023 the Planning and Zoning Commission unanimously recommended approval of the site plan amendment and proposed variance.
Variance Requested:
1. A variance to allow 43 spaces on-site plus 5 spaces via a shared parking agreement to fulfill the parking requirement.
Citizen Input:
A Site Plan application, even with variances, does not require a public hearing, so no public hearing notifications were sent out to the surrounding property owners for this request. The public will have an opportunity to speak on this agenda item at the “Persons To Be Heard”.
Summary:
Section 2.07(A)(2) of the UDC lists criteria for City Council to consider for approval of a variance:
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 City Council has the following options when considering a Site Plan Amendment with variances:
§ Approve as submitted (with requested variances).
§ Approve with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.