To: Mark Hafner, City Manager
From: Trina Zais, Director of Public Services and Economic Development
Subject:
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PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for Lidl, 35,962 square-foot, single-story grocery store, located on a 4.95-acre tract, on the north side of Keller Parkway (FM 1709) approximately 1,200 feet west of Keller Smithfield Road, being tract 2E and 3 in the Pamelia Allen Survey, Abstract No. 28, at 1221 and 1301 Keller Parkway, and zoned TC (Town Center). Greenway-Keller, L.P., owner. Kimley-Horn and associates, applicant/engineer. (SUP-17-0017)
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Action Requested:
Conduct a public hearing and consider a recommendation of a Specific Use Permit (SUP) for Lidl, a proposed single story 25,400 square-foot grocery store (square footage has been reduced since the first submittal).
Update:
This item was originally noticed for the November 13, 2017 Planning and Zoning Commission Meeting. The item was tabled at the applicant’s request this meeting. The applicant reduced the size of the building from 35,962 square feet to 25,400 square feet, and reconfigured the parking lot since that meeting. The case description has remained unchanged to match the Public Hearing Notice. The Draft Ordinance has been updated to reflect the requested smaller footprint.
Zoning:
TC (Town Center)
Background:
The subject property is undeveloped and has never been platted. The applicant is proposing using approximately 5-acres. This is the remaining area between the proposed Braum’s Ice Cream and Keller Marketplace Phase II Building, currently under construction, on the north side of Keller Parkway.
The proposed grocery store use requires a Specific Use Permit in the TC (Town Center) zoning district.
Analysis:
The purpose of this Specific Use Permit (SUP) is to allow for Lidl, a proposed 25,400 square-foot grocery store in a one-story structure. Per the TC Zoning District, a SUP is required both for the use of a ‘Grocery store or food market’ and the single-story building. Per Section 8.03 (P) of the UDC;
The Town Center district is intended to serve as a mixed use community retail center. Mutually supportive office, civic, cultural, entertainment, and residential uses are planned to enhance the viability of this mixed use community retail center. Multiple, complementary uses may be mixed vertically within the same building and/or may be mixed horizontally in multiple buildings. The form of development is compact with tightly grouped buildings arranged around a connected street and sidewalk network that serves vehicle, pedestrian, and bicycle transportation. Building architecture reflects a distinct look and identity. Open space, street trees, street lighting, benches, and other amenities create a human scale environment. The standards of this district are unique to the Town Center district.
Grocery stores currently in Town Center are Tom Thumb, Kroger and Natural Grocers (which obtained a Certificate of Occupancy on January 15, 2018).
The proposed store is medium size grocery store. For comparison, Sprouts, at 2005 S. Main Street, is in a 32,000 square foot space. Tom Thumb in Town Center is 63,922 square feet and the Kroger in Town Center is 50,112 square feet. Natural Grocers, also in Town Center is in less than 15,000 square feet.
Staff has some concerns about a 4th grocery store in Town Center as it will impact the potential for mixed complimentary uses desired in the Town Center zoning district. The most recent grocery store in Town Center is Natural Grocers, which did receive a SUP. Staff supported that request based on the limited size of the facility, ability to meet Town Center design guidelines, and specialty nature of the store receiving sixty percent (60%) revenue from non-grocery sales.
Site Design:
A detailed concept site plan was submitted with the Specific Use Permit request as the applicant also submitted a Site Plan application. The plan shows the footprint of the 25,400 square-foot building. The majority of the parking is on the east side of the building, with the main entry oriented to the street and parking area.
The building square footage has been reduced from 35,962 square feet to 25,400 square feet. The rear of the building is now approximately one hundred forty-five feet (145’) from the north property line. This allowed the proposed underground detention to be relocated to the rear of the site and eliminated a single row of parking from the front of the site.
Building Height and Character:
The TC district states:
“Unless otherwise stated, the building height in the Town Center district shall be two (2) stories… Single-story building heights and three (3) to five (5) story building heights may be approved by Specific Use Permit... If a single story building is proposed the building façade shall either be a minimum height of twenty feet (20’) or shall reflect a two story design to provide for compatibility with other buildings in the area.”
The building is a one-story building with a peak height of thirty feet (30’) facing the street. The roof is curved and lower on the north side of the building. The building meets the minimum height of twenty feet (20’) for a single-story building. The single-story structure may be approved as part of this SUP. The building façade lacks articulation and does not meet the Town Center requirements in the UDC.
Tree Preservation:
A tree preservation plan was received. Nineteen inches (19”) of mitigation trees are required and twenty-one inches (21”) of mitigation trees are proposed. Mitigation trees are in addition to required landscaping trees.
Trip Generation:
A Traffic Impact Analysis (TIA) was prepared for Lidl. The TIA states the proposed development will generate 3,677 daily trips and recommends a right-turn deceleration lane across from Country Brook Drive, a left-turn deceleration lane at the Keller Parkway and Country Brook intersection, and designated two lanes exiting Country Brook Drive.
Existing Roadway Access:
Keller Parkway (FM1709), a six-lane divided arterial street that is operated by TxDOT to the south.
Driveway Access:
Lidl site will have two (2) points of access to serve this development on Keller Parkway (FM 1709). One is a shared driveway with Keller Marketplace Phase II and the other is on the Lidl site. Cross access to the east and west is provided. The driveway on the Lidl site also serves the adjacent Braum’s development and a left turn deceleration lane will be provided in FM1709. A right-turn deceleration lane will also be provided on FM1709.
Surrounding Zoning & Land Uses:
North: Saddlebrook Estates, Single Family dwellings, Zoned SF-8.4
South: Dominion Apartments and Commercial Developments, zoned TC
West: Proposed Braum’s site, zoned TC
East: Keller Marketplace Phase II retail development, zoned TC
Request:
This request is for SUP for a single-story Grocery store or food market use in TC. All other variances to design standards including non-compliant architecture, loading area facing Keller Parkway, and an overabundance of parking in front of the building have been included in the Site Plan with Variances application, Item H-4 of this agenda. Approving this request gives permission for the 25,400 grocery store use in a single-story building.
Summary:
Section 8.04 (B.2.a) 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 November 3, 2018, the City mailed out eleven (11) letters of Notifications for a Public Hearing to all property owners within three hundred feet (300’) of the subject site. One (1) large public hearing notice sign was posted on the site. Prior to the submission of the SUP request, the applicant met with the Saddlebrook Estates and Newton Ranch residents to discuss their proposal. Notice of a public hearing was published in the local newspaper fifteen (15) days prior to this meeting
As of February 27, 2018, City staff has received seventeen (17) letters of opposition and one (1) email in opposition from the public in response to this Specific Use Permit request. The total land area in opposition to this SUP request is 27.46%. This item will require a supermajority vote from City Council to approve.
Professional Opinion:
Staff’s opinion is to not support the SUP request for the following reasons:
• the proposed grocery use does not support the goals of mixed supportive uses in Town Center;
• the building design does not meet the architectural requirements detailed in the Town Center zoning district.
Board Review:
On November 13, 2017 the Planning and Zoning Commission tabled this item and the companion site plan, so that the applicant could re-evaluate the store orientation and façade.
On January 22, 2018 The Planning and Zoning Commission considered this SUP application and recommended that the SUP be denied by a vote of 7-0.
On February 20, 2018 staff received an updated site plan relocated the service area/loading bays to the rear of the building.
City Council Action:
The City Council has the following options when considering a Specific Use Permit:
- Approve as submitted
- Approve with modified or additional condition(s)
- Tabling the agenda item to a specific date with clarification of intent and purpose
- Deny