To: Mark Hafner, City Manager
From: Sarah Hensley, Assistant Community Development Director
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for a grocery store/restaurant 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; Srinivas Chigullapalli, Applicant. (SUP-22-0036)
Body
Background:
The Applicant proposes to open an Indian food market and eatery named Desi Adda in an existing 7,182 square-foot building. The business will focus on grocery sales, take-out and catering in approximately 6,400 square-feet of the building. The indoor-only seating and self-service dine-in eating space will occupy just under 700 square-feet. All grocery stores/food markets require a Specific Use Permit (SUP) in the Town Center Zoning District.
Site Design:
The Applicant is not proposing any changes to the exterior of the building but will be required to bring the site up to code, including the landscaping, since the structure has been vacant since 2019.
The total parking requirement for the business is 48 spaces plus 2 accessible spaces (accessible spaces do not count towards 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 spot between them into 3 spaces, bringing the total onsite parking to 43 spaces and 2 accessible spaces. The Applicant has entered into a shared parking agreement with the property owner to the east for an additional 5 spaces and will request a variance based on the agreement during the site plan approval process.
Because the site is located within the Town Center Zoning District, the site plan (even if no variances were requested), must go through the Planning and Zoning Commission for a recommendation and City Council for final approval. The Applicant elected to pursue the SUP before moving forward with the site plan.
Proposed Hours of Operation:
Monday - Sunday: 10:00 a.m. - 10:00 p.m.
Trip Generation:
A trip generation form was reviewed by Staff, and no changes to the infrastructure will be required for the proposed use.
Summary:
Section 8.02 (F)(2) of the UDC states that when considering an 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 December 2, 2022, the City mailed out 31 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.
As of today, staff has received five written responses to the proposed SUP with concerns about noise, odors, security, parking and inquiries about the nature of the business. Two of the signed letters are from residents within the 200’ buffer. Four residents spoke at the Planning and Zoning Commission Public Hearing and expressed concerns about potential light, security and noise issues.
The Applicant provided a packet of support letters included as a Staff Attachment.
SUP Request:
1. To operate a grocery store/restaurant in the Town Center Zoning District.
Planning and Zoning Commission Recommendation:
On January 10, 2023, the Commission voted unanimously to recommend approval of the proposed SUP with no modifications or conditions.
Alternatives:
The City Council has the following options when considering Specific Use Permits:
§ 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.