To: Planning and Zoning Commission
From: Katasha Smithers, Planner II
Subject:
Title
PUBLIC HEARING: Consider a Specific Use Permit (SUP) for the expansion of drive-thru for Chick-Fil-A, an existing 4,779 square-foot restaurant on an approximately 1.46-acre tract of land, located on the south side of Keller Parkway (F.M. 1709), situated at the intersection of Rufe Snow Drive and Keller Parkway, being a portion of Lot 1R, Block A, Keller Town Center, at 1002 Keller Parkway, and zoned Town Center (TC). Regency Centers, LP, Owner. Interplan, LLC, Applicant/Developer. (SUP-21-0036)
Background:
Chick-Fil-A, constructed in 2014, became a legal non-conforming use when the City’s Code was amended in 2015 to require restaurants with drive-thru lanes to obtain an SUP. During the recent modifications to the pick-up lanes, staff discussed with Chick-Fil-A the process to make the use “legal conforming” by obtaining a Specific Use Permit (SUP) for their site. Chick-Fil-A submitted their application for a SUP as a result of those conversations.
Summary:
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 October 29, 2021, the City mailed out seven 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 October 29, 2021.
As of today, Staff has not received any responses from the public.
Alternatives:
The Planning and Zoning Commission has the following options when considering a Specific Use Permit:
§ 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 action on December 7, 2021.
Supporting Documents:
§ Maps
§ Staff Attachment A - Application and Narrative