Friday, May. 16, 2008

Keller Council expected to reconsider zoning change for new project Tuesday

By TODD OVERMAN

Next week, the Keller City Council is expected to reconsider a change in the city’s land-use plan that members tabled last week.

The property in question is about 1 acre on the southwest corner of Keller Parkway and Bear Hollow. The change, if approved, would allow construction of a 9,400-square-foot retail building that would tie in with the existing Keller Crossing shopping center to the west.

Mushtak Khatri, acquisitions director of the Tabani Group, which bought the Keller Crossing center a few years ago, said the new development would blend in well with the Stein Mart, which Tabani developed, as well as the older center. A new salon/day spa is being built on the far west side of the development along Keller-Smithfield Road.

He said a Dunkin Donuts has expressed interest in leasing space in a new building.

"We feel the buildings flow well with the existing shopping center," Khatri said. "The interest we’ve gotten for users have wanted to play off the traffic and synergies that are in that shopping center. We see it as an extension of the existing shopping center."

After the Winn-Dixie grocery store left in 2002, the center operated for years without an anchor tenant. Small, independent shops held on until two years ago, when Tabani bought the property and began filling it with new tenants. An Ace Hardware now operating there was slated to open before Tabani took over. But it was followed by Big Lots, Pet-O-Rama and Tuesday Morning stores that occupy most of the former Winn-Dixie. The Stein Mart occupies most of a newly constructed building that opened late last year.

Councilman Bob Kirk said he wondered about undeveloped property behind the planned building that would remain zoned for office use. "Staff spoke to the highest and best use of the land," he said. "Retail might be good in front, but office zoning remains in the rear." He asked if a quality development would fit on the remaining space.

Development manager Richard Luedke said the remaining parcel, about an acre, would be similar to "garden office" developments elsewhere in the city. "We have a lot of users who do not necessarily want the frontage or exposure," he said. "They are very happy and content to be behind."

He said the leftover parcel could accommodate a 7,000-square-foot building or possibly two 4,000-square-foot buildings.

Councilman Jim Carson said that the original zoning had been residential 8,400-square-foot lots. He asked who had initiated the zoning change to office four years ago and why.

Luedke said the property owners initiated the zoning change. The new owners operate a massage therapy business in Old Town and may eventually move it to that site, he said.

Carson said he was concerned that the more intensive use was requested four years ago and wondered why it wasn’t taken all the way to retail.

"At that time we didn’t know the Stein Mart was coming," Luedke said, adding that it was expected to be two restaurants on the two pad sites in front.

Councilman Mitch Holmes said the request for the zoning change seems driven by how the nearby property has developed. "We always want to be very, very careful before we make a zoning change," he said. "This makes sense to me." He said he doesn’t recall there being a concern the last time a change there was considered.

Holmes asked if, besides one person at the Planning & Zoning meeting on the issue, if anyone had spoken out against the proposal. "Has the entire neighborhood had a chance to be informed about it?" he asked.

Luedke said signs announcing consideration of zoning changes are placed in the most visible location. The man who spoke at P&Z was told that the item was going before the council.

Holmes said tabling the request would allow comment from anyone with lingering concerns.

City Attorney Stan Lowry said that notices were published in the newspaper as required by state law. Because the public hearing was closed on the item last week, tabling it would mean that citizens would be able to speak on it only in the "persons to be heard" portion of the next meeting.

"I think we need to have more interaction with the P&Z because so many people said no," Kirk said. "My gut tells me we will have a Dunkin Donuts and a very nice massage therapy business in the back." The P&Z vote was more of a concern to him, he said.

Councilman Ray Brown said that tabling the zoning request just to allow people who didn’t show up have their say would set a bad precedent. "They had the opportunity, just as was implied in the pre-meeting," he said. "I’m concerned about P&Z, but staff has not given us any indication that they were really unhappy about very much."

Mayor Pat McGrail agreed. "I’m afraid we could be setting a bad precedent, but I’ll leave it up to the council," he said.

Holmes said that circumstances surrounding each request should determine how something is handled. "If we’ve done the wrong thing in the past, it’s a good thing to start doing the right thing," he said. "I don’t think we’re setting a precedent."

Carson said the P&Z meeting was more than two weeks before the council meeting, and notices had been published. Council members had the information for four days before the council meeting. "I don’t feel that we have the right to delay everybody else’s interests because nobody is asking us to delay this decision," he said. "I feel like I’m ready to make a decision."

The vote was 4-2 to table the item until Tuesday’s meeting, with Carson and Brown voting against tabling it.