To: Mark Hafner, City Manager
From: Julie Smith, Director of Community Development
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) 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.
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.
Planning and Zoning Commission Recommendation:
On November 9, 2021, the Planning and Zoning Commission unanimously recommended the item as presented.
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.
City Council Action:
The City Council has the following options when considering an SUP application:
§ 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.
Supporting Documents:
§ Maps
§ Staff Attachment A - Application and Narrative