M E M O R A N D U M. Tom Elgin, Director of Community Development

Transcription

1 M E M O R A N D U M Meeting Date: September 4, 2012 Item No. H-4 To: From: Subject: Action Requested: Property Description: Property Owner: Applicant/ Developer: Engineer: Current Zoning: Steve Polasek, City Manager Tom Elgin, Director of Community Development PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for Freddy s Frozen Custard, a proposed 3,429 square-foot restaurant with a drive-thru, located on a portion of a 3.16-acre tract of land out of the J.A. Dunham Survey, Abstract No. 424, Tract 3A9C, on the northwest corner of Keller Parkway (FM 1709) and Keller-Smithfield Road, approximately 200 feet west of Keller-Smithfield Road, and zoned TC (Town Center). Greenway-Keller LP, owner. Temple Pro Ventures Commercial, applicant/developer. Middleton & Associates, engineer. (SUP ) Conduct a public hearing and consider an ordinance approving of a specific use permit (SUP) for Freddy s Frozen Custard to allow a restaurant with a drive-thru facility in the Town Center Zoning District. Located on a 3.16-acre tract of land out of the J.A. Dunham Survey, Abstract No. 424, Tract 3A9C, located at the northwest corner of Keller Parkway (FM 1709) and Keller Smithfield Road, approximately 200 feet west of Keller Smithfield Road. Greenway-Keller, LP Temple Pro Ventures Commercial Middleton & Associates TC (Town Center) Page 1 of 6

2 Analysis: The applicant is requesting a specific use permit (SUP) to construct a 3,429 square foot restaurant with a drive-thru facility. City Council approval of a SUP is required to allow a restaurant with a drive-thru facility in the Town Center zoning district. A concept plan is included with this SUP application. Building Elevations: The applicant has provided photos of other Freddy s buildings for illustration purposes only. Detailed building elevations will be submitted as part of site plan application if this SUP is approved. If there are future variances to the exterior design of the building, they will be addressed as part of a site plan application. Site plans with variances and site plans located within the Town Center zoning district are required to be considered and approved by the Planning and Zoning Commission and City Council. Signage: Signage for this development will be addressed at the time of site plan application. Site plans within Town Center require Planning and Zoning Commission and City Council action. Any variances to the signage requirement can be requested at the time of site plan application. Landscaping: The landscaping for this development will meet the requirements of the UDC and Town Center zoning district at the time of site plan application with the exception of one variance. The applicant is requesting a partial encroachment into the thirty foot (30 ) landscape buffer along Keller Parkway (FM 1709). Variance Request: The applicant is seeking variance to allow a partial encroachment into the thirty foot (30 ) landscape buffer along Keller Parkway (FM 1709). The applicant has submitted a concept plan to show the design of the parking areas, access drives and the partial encroachment into the landscape buffer. The encroachment will be approximately eight feet (8 ) into the buffer. Screening: The existing screening wall along the north property line is currently six feet (6 ) high. Section 8.03 (P.4.g.11) of the UDC states that screening walls in the Town Center North subdistrict shall be a masonry screening wall with a minimum of eight feet (8 ) in height. Variance Request: The applicant is seeking a variance to utilize the existing six-foot (6 ) screening wall along the north property line in lieu of constructing a new eight-foot (8 ) masonry wall. Page 2 of 6

3 The Planning and Zoning Commission recommended denial of this variance request at their August 13, 2012 meeting. The Commission also recommended that the engineering and design of the screening wall should match the wall for the adjacent property to the east. Parking: Sidewalk:. Fire Protection: Lighting: Drainage & Utilities: Existing Roadway Access: Surrounding Zoning & Land Uses: Requested Variances: A minimum of twenty-two (22) parking spaces is required for a restaurant of this size. A total of forty-nine (49) parking spaces are being proposed to meet the minimum parking requirements for this development. A five-foot (5 ) wide concrete sidewalk along Keller Parkway required to be constructed in accordance with the requirements of the UDC and Town Center zoning district. This proposed development will meet the fire protection requirements of the UDC at time of site plan application. Lighting standards will be addressed at the time of site plan application. All drainage and utilities will meet the requirements of the UDC at the time of site plan application and prior to any construction on this property. Keller Parkway (FM 1709), a six-lane divided arterial street. There are plans to provide future cross-access easements between this property and the properties to the east and west. North: Saddlebrook Estates zoned SF-8.4 South: Bank of America and Walgreen s zoned TC East: Undeveloped property zoned TC West: Undeveloped property zoned TC There are three (3) variances being requested with this specific use permit application: 1. To allow a restaurant with a drive-thru in the Town Center Zoning District. 2. To utilize the existing six foot (6 ) masonry screening wall in lieu of constructing the required eight foot (8 ) masonry screening wall. 3. To allow partial encroachment into the thirty foot (30 ) landscape buffer along Keller Parkway (FM 1709). Page 3 of 6

4 Public Input: Board Review: On August 3, 2012 as required by State law, the City mailed out thirteen (13) letters of Notifications for a Public Hearing to property owners located within two hundred feet (200 ) of this subject property. This includes the letter sent to the Saddlebrook Estates HOA. Staff also posted a public hearing notice sign on the subject property. Notification of a Public Hearing was published in the local newspaper (Fort Worth Star Telegram) fifteen (15) days prior to the scheduled City Council meeting date. City Staff has received five (5) response letters and three (3) walk-ins from surrounding property owners in response to the SUP request as of August 9, Two (2) letters were in support of the project, one (1) letter was in opposition, and (2) letters expressed concerns regarding this project. The public response letters are enclosed with this packet under Staff Attachment. The Planning and Zoning Commission conducted a public hearing and considered this specific use permit application on August 13, 2012 and recommended approval (7-0) with the following conditions: 1. The request to allow a restaurant with a drive-thru facility in the Town Center Zoning District shall be allowed. 2. The request to allow the existing six foot (6 ) masonry screening wall to be maintained in lieu of the required eight foot (8 ) masonry screening wall shall not be allowed. The eight-foot (8 ) screening wall shall match the engineering and design of the screening for the adjacent property to the east. 3. The request to allow a partial encroachment into the thirty foot (30 ) landscape buffer along Keller Parkway (FM 1709) shall be allowed. Summary: The applicant has met all requirements of the UDC for this specific use permit application with the exception of the requested variances. If this SUP is approved, then a site plan must be approved by City Council and architectural plans must be approved by the City before a building permit can be issued and construction can begin for this development. Section 8.04 (B.2.a) of the UDC states that when considering a specific use permit request, the Planning and Zoning Commission and the City Council shall consider the following factors: 1) The use is harmonious and compatible with surrounding existing uses or proposed uses; Page 4 of 6

5 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. Supporting Documents: Recommended Actions: Supporting documents include: Planning and Zoning Commission Minutes (August 13, 2012) Proposed Ordinance o Exhibit A Letter from Applicant (Dated August 7, 2012) SUP Exhibit Building Elevations Staff Attachment o Public Response Letters (5total) Maps o Zoning Map (Dated March, 2011) o Aerial View (Dated March, 2011) City Council has the following options when considering a specific use permit application: Approve as submitted (with requested variances); Approve with modified or additional condition(s); Tabling the agenda item to a specific date with clarification of intent and purpose; or Denial. Staff Recommendation: Staff forwards this specific use permit application for City Council consideration with the following conditions: 1. The request to allow a restaurant with a drive-thru facility in the Town Center Zoning District shall be allowed. 2. The eight-foot (8 ) screening wall shall match the engineering and design of the screening for the adjacent property to the east. 3. The request to allow a partial encroachment into the thirty foot (30 ) landscape buffer along Keller Parkway (FM 1709) shall be allowed. Page 5 of 6

6 Minutes of the Planning and Zoning Commission August 13, 2012 Page 6 of 6 8. PUBLIC HEARING: Consider a recommendation of a Specific Use Permit (SUP) for Freddy's Frozen Custard, a proposed 3,429 squarefoot restaurant with a drive-thru, located on a portion of a 3.16-acre tract of land out of the J.A. Dunham Survey, Abstract No. 424, Tract 3A9C, located at the northwest corner of Keller Parkway (FM 1709) and Keller Smithfield Road, approximately 200 feet west of Keller Smithfield Road, and zoned TC (Town Center). Greenway-Keller LP, owner. Temple Pro Ventures Commercial, applicant/developer. Middleton & Associates, engineer. (Case No. SUP ) Jeremy Lott, Planner I gave an overview of the project and staff s recommendation. Eugene Middleton was present to address the Planning and Zoning Commission and answer questions. Chairman Brown opened the public hearing for Item E-8. No public comments were received. Leslie Sagar motioned to close the public hearing for Item E-8. Jackie Black seconded and the motion carried unanimously (7-0). Discussion was held on parking, landscaping, and the screening wall variance request. Carol Blevins motioned to approve Item E-8 with the following conditions: 1. The request to allow a restaurant with a drive-thru facility in the Town Center Zoning District shall be allowed. 2. The request to allow the existing six foot (6 ) masonry screening wall to be maintained in lieu of the required eight foot (8 ) masonry screening wall shall not be allowed. The eight-foot (8 ) screening wall shall match the engineering and design of the screening for the adjacent property to the east. 3. The request to allow a partial encroachment into the thirty foot (30 ) landscape buffer along Keller Parkway (FM 1709) shall be allowed. Leslie Sagar seconded and the motion carried unanimously (7-0). Page 6 of 6