To: Planning and Zoning Commission
From: Katasha Smithers, Planner II
Subject:
Title
Consider a request for two Specific Use Permits (SUPs) for Dutch Bros, a proposed 1,270 square-foot restaurant with drive-thru (including a 320 square-foot covered patio with no patio seating and no interior seating), on an approximately 1-acre tract of land, located on the north side of Keller Parkway (F.M. 1709), approximately 150 feet northwest of Country Brook Drive and Keller Parkway (F.M. 1709) intersection, at 1241 Keller Parkway, being a portion of Tract 2E out of the Pamela Allen Survey, Abstract No. 28, and zoned Town Center (TC). Greenway-Keller, L.P., Owner. BB Holdings TX LLP., Applicant. (SUP-22-0001)
Background:
The Applicant is proposing to construct a 1,270 square foot building with drive-thru. The total square footage includes a 950 square-foot enclosed building with a 320 square-foot covered patio with no patio seating and no interior seating.
Site Design:
The proposed 1,270 square-foot building with drive-thru will have a total of 19 parking spaces with 1 handicap space. The parking is divided by the drive-thru lane with 9 parking spaces near Keller Parkway and the remaining 10 at the most northern area, adjacent to the residential subdivision. The Applicant is proposing to meet all Town Center guidelines, but for the size of the building and the drive-thru.
The Concept Plan depicts how the lot may be developed if the SUP request is approved. (See Staff Attachment B - Proposed elevation renderings and conceptual plan.)
Whether or not the SUPs are approved, the site plan will be required to be brought forward for approval by City Council after a recommendation from the Planning and Zoning Commission because it is within the Town Center (TC) Zoning district.
Elevations:
The Applicant proposes to construct 75% of the entire 1,270 square-foot building with brick veneer which meets Town Center (TC) guidelines. (See Staff Attachment B -
Proposed elevation renderings and conceptual plan.)
Hours of Operation:
Open 7 days a week from 6 am to 9 pm
Summary:
SUPs Requested:
1. An SUP to allow the structure to be less than the required 6,000 square-foot requirement for the Town Center zoning district.
2. An SUP to allow the structure to have a drive-thru in the Town Center zoning district.
Section 8.02 (F)(2) of the UDC states that when considering a SUP request, the Planning and Zoning Commission and 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 February 11, 2022, the City mailed out 25 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 also posted on the site.
On February 22, 2022, the Planning and Zoning Commission opened and closed the public hearing. However, the Commission tabled the item as the Applicant was not present to answer the Commissioners’ questions.
As of today, Staff has received one email in opposition from the public. The email was received prior to the February 22, 2022 public hearing. See Staff Attachment D - Opposition email.
Alternatives:
The Planning and Zoning Commission has the following options when considering two Specific Use Permits:
§ 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 Specific Use Permit application will be scheduled for City Council consideration on April 5, 2022.
Supporting Documents:
§ Maps
§ Staff Attachment A - Application and Narrative
§ Staff Attachment B - Proposed elevation renderings and conceptual plan
§ Staff Attachment C - Establishment Map
§ Staff Attachment D - Opposition email