To: Mark Hafner, City Manager
From: Sarah Hensley, Director of Community Development
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving a zoning change from Planned Development - Retail (R) to Retail (R), for the property legally described as Lot 3A, Block 1 of Foote’s Addition (recently replatted as Lot 1, Block A, TEJUN Addition), being 1.208 acres, approximately 300 feet west of the intersection of Keller Parkway and Bourland Road, zoned Planned Development 1323-Retail (R-PD-1323), and addressed as 541 Keller Parkway. City of Keller, Owner/Applicant. (Z-23-0003)
Background:
On March 21, 2023, City Council approved the bid from Te’Jun, a proposed 6,697 square-foot two-story restaurant with a drive thru, for the purchase of city-owned property at 541 Keller Parkway. The former Keller fire station at this location was demolished in 2019, and a Request for Proposals (RFP) issued for the sale of the property the following year.
In 2006, City Council approved a zoning ordinance establishing a Planned Development (PD) for the property with a specific list of approved uses (included as a Staff Attachment). The purpose of this request is to remove the PD from the property so that it may operate under straight Retail zoning.
Surrounding Zoning Districts:
North: Retail (R)
South: Retail (R)
East: Retail (R)
West: Retail (R)
Surrounding Future Land Use Plan Designations/Businesses:
North: Semi Public (Public drainage easement)
South: Retail/Commercial (Multitenant building with Diamond C convenience store and Pho in the Box restaurant)
East: Retail/Commercial (Keller Glass and Mirror)
West: Retail/Commercial (O’Reilly Auto Parts)
Site Design:
The Te’Jun Site Plan with Variances and Specific Use Permit (SUP) request for a drive-thru are on this agenda as separate items.
Summary:
Section 4.03 (A) of the UDC states that when considering an amendment to the zoning regulations or zoning change request, the City Council shall consider the following factors:
1) Appropriateness of all the uses permitted by the proposed change for the immediate area concerned, and the relationship of the proposed uses to the general area and to the City as a whole.
2) Agreement of the proposed change with any existing or proposed plans for providing streets, water supply, sanitary sewers, and other utilities to the area.
3) The amount of vacant land currently classified for similar development in the City, and any special circumstances that may make a substantial part of such vacant land unavailable for development.
4) The rate at which land in the same zoning classification has recently been developed, particularly in the vicinity of the proposed change.
5) Effect on other areas designated for similar development if the proposed amendment is approved.
6) Conformity with the goals and objectives for future developments within the Future Land Use Plan for the City of Keller.
7) Any other factors which will substantially affect the health, safety, morals or general welfare of the citizens of the City of Keller.
Citizen Input:
On July 27, 2023, the City mailed out 11 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.
Staff has received no public feedback regarding this request.
Planning and Zoning Commission Recommendation:
At the August 8, 2023 Planning and Zoning Commission meeting, Commissioners unanimously recommended approval of the proposed zoning change as presented.
Alternatives:
The City Council has the following options when considering a Specific Use Permit:
§ 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.