To: Planning and Zoning Commission
From: Kalvin Eddleman, Planner I
Subject:
Title
PUBLIC HEARING: Consider a request for a Specific Use Permit (SUP) for Yeti Business Group to operate a retail store with sales of CHP, tobacco, e-cigarettes or non-traditional smoking-related products, located in an existing 1,190 square-foot lease space, on 1.38 acres located at approximately 260 feet northeast of the Rufe Snow Drive and Bursey Road intersection, legally described as Lot 1R, Block A of the Bursey Park Addition, zoned Retail (R) - PD - 1092 and addressed to 2131 Rufe Snow Drive, Suite 100. Khanal Rajendra, Applicant. Family Video Movie Club Inc., Owner. (SUP-2412-0020).
Background:
The Applicant has requested a Specific Use Permit (SUP) to operate a retail store with sales of CHP, tobacco, e-cigarettes or non-traditional smoking-related products. The lease space was formerly occupied by a vape store, which permanently closed in March of 2023.
Per the City of Keller Unified Development Code (UDC), a business with the use of "retail sales of CHP, tobacco, e-cigarettes or non-traditional smoking-related products" may be approved by SUP only in the Retail and Commercial zoning districts. City Council adopted these regulations on May 3, 2022.
Business Details:
The Applicant has stated the store will primarily offer CBD products, Kratom, and traditional smoke shop products excluding paraphernalia.
Proposed hours of operation include Monday through Saturday, 9:00 AM - 7:00 PM, and
Sunday, 10:00 AM - 6:00 PM.
Site Design:
The Applicant is proposing to operate out of a 1,190 square-foot lease space at 2131 Rufe Snow Drive. No exterior modifications are proposed.
Parking is shared between the various lease spaces on the lot. The approved site plan shows 43 regular parking spaces and 2 accessible spaces on the lot. The parking requirement for this business is one space per 200 square-feet of floor space, for a total of 6 spaces.
Future Land Use Plan:
The property is designated Retail-Commercial (RTC) on the Future Land Use Plan (FLUP).
Surrounding FLUP Designations:
North: High-Density Single Family (HD-SF)
East: High-Density Single Family (HD-SF)
South: RTC
West: RTC
Summary:
Section 8.02 (F)(2) of the UDC states that when considering a SUP request, the Planning and Zoning Commission 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 January 16, 2025, the City mailed out 31 letters of Notifications 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 letters of opposition from 4 adjacent properties in response to this SUP request.
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 February 18, 2025.
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.