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File #: 23-539    Version: 1
Type: New Business Status: Agenda Ready
File created: 8/2/2023 Meeting Body: Planning & Zoning Commission
On agenda: 8/8/2023 Final action:
Title Search: PUBLIC HEARING: Consider a zoning change request from Planned Development - Retail (R) to Retail (R), for the property legally described as Lot 3A, Block 1 of Foote's Addition (recently replatted as Lot 1, Block A, TEJUN Addition), being 1.208 acres, approximately 300 feet west of the intersection of Keller Parkway and Bourland Road, zoned Planned Development 1323-Retail (R-PD-1323), and addressed as 541 Keller Parkway. City of Keller, Owner/Applicant. (Z-23-0003)
Attachments: 1. 080823_541 Keller Parkway Rezone_MAPS, 2. 080823_541 Keller Parkway Rezone_Staff Attachment-Ord. 1323, 3. 080823_541 Keller Parkway Rezone_Retail Use Chart, 4. 080823_541 Keller Parkway Rezone_PD-Retail Use Comparison

To:                     Planning and Zoning Commission

From:                     Sarah Hensley, Director of Community Development

Subject:                     

Title

PUBLIC HEARING: Consider a zoning change request from Planned Development - Retail (R) to Retail (R), for the property legally described as Lot 3A, Block 1 of Foote’s Addition (recently replatted as Lot 1, Block A, TEJUN Addition), being 1.208 acres, approximately 300 feet west of the intersection of Keller Parkway and Bourland Road, zoned Planned Development 1323-Retail (R-PD-1323), and addressed as 541 Keller Parkway. City of Keller, Owner/Applicant. (Z-23-0003)

Body

 

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. The former Keller fire station at this location was demolished in 2019, and a Request for Proposals (RFP) issued for the sale of the property the following year.

 

In 2006, City Council approved a zoning ordinance establishing a Planned Development (PD) for the property with a specific list of approved uses (included as a Staff Attachment). The purpose of this request is to remove the PD from the property so that it may operate under straight Retail zoning.

The Te’Jun Site Plan with Variances and Specific Use Permit (SUP) request for a drive-thru are on this agenda as separate items.

 

Surrounding Zoning Districts:

North: Retail (R)

South: Retail (R)

East: Retail (R)

West: Retail (R)

 

Surrounding Land Uses/Businesses:

North: Public drainage easement

South: Multitenant building with Diamond C convenience store and Pho in the Box restaurant

East: Keller Glass and Mirror

West: O’Reilly Auto Parts

 

Site Design:

The Te’Jun Site Plan with Variances and Specific Use Permit (SUP) request for a drive-thru are on this agenda as separate items.

 

Summary:

Section 4.03 (A) of the UDC states that when considering an amendment to the zoning regulations or zoning change request, the Planning and Zoning Commission and City Council shall consider the following factors:

 

1)                     Appropriateness of all the uses permitted by the proposed change for the immediate area concerned, and the relationship of the proposed uses to the general area and to the City as a whole.

 

2)                     Agreement of the proposed change with any existing or proposed plans for providing streets, water supply, sanitary sewers, and other utilities to the area.

 

3)                     The amount of vacant land currently classified for similar development in the City, and any special circumstances that may make a substantial part of such vacant land unavailable for development.

 

4)                     The rate at which land in the same zoning classification has recently been developed, particularly in the vicinity of the proposed change.

 

5)                     Effect on other areas designated for similar development if the proposed amendment is approved.

 

6)                     Conformity with the goals and objectives for future developments within the Future Land Use Plan for the City of Keller.

 

7)                     Any other factors which will substantially affect the health, safety, morals or general welfare of the citizens of the City of Keller.

 

Citizen Input:

On July 27, 2023, the City mailed out 11 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 public feedback regarding this request.

 

Alternatives:

The Planning and Zoning Commission has the following options when considering a Zoning Change:

 

§                     Recommend approval as submitted.

§                     Recommend approval with modifications or additional amendment(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 Zoning Change application will be scheduled for City Council action on September 5, 2023.