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File #: 24-516    Version: 1
Type: New Business Status: Approved
File created: 9/24/2024 Meeting Body: Planning & Zoning Commission
On agenda: 10/22/2024 Final action: 10/8/2024
Title Search: Consider a request for a special exception to the City of Keller Unified Development Code, Article 9, Development Standards, Section 9.05 - Sign Regulations for two attached wall signs for DeVivo Bros. Eatery, a restaurant in an existing 4,966 square-foot lease space, within a 33,955 square-foot multi-tenant building, located approximately 970 feet southwest from the intersection of Bear Creek Parkway and South Main Street, legally described as Lot 5, Block A of the Bear Creek Plaza Addition, zoned Commercial (C), and addressed as 750 S. Main Street, Suite 165. Bob Williams, Applicant. Bear Creek Plaza LTD, Owner. (UDC-2409-0003)
Attachments: 1. 100824_DeVivo_Maps, 2. 100824_DeVivo_Staff Attachment

To:                     Planning and Zoning Commission

From:                     Alexis Russell, Planner I

Subject:                     

Title

Consider a request for a special exception to the City of Keller Unified Development Code, Article 9, Development Standards, Section 9.05 - Sign Regulations for two attached wall signs for DeVivo Bros. Eatery, a restaurant in an existing 4,966 square-foot lease space, within a 33,955 square-foot multi-tenant building, located approximately 970 feet southwest from the intersection of Bear Creek Parkway and South Main Street, legally described as Lot 5, Block A of the Bear Creek Plaza Addition, zoned Commercial (C), and addressed as 750 S. Main Street, Suite 165. Bob Williams, Applicant. Bear Creek Plaza LTD, Owner. (UDC-2409-0003)

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Background:

DeVivo Bros. Eatery has been operating at this location since 2013. They are expanding their restaurant into the adjacent suite #160, which was previously occupied by The Floor Store of Keller. The permit for this expansion is in the inspections stage.

 

A sign permit was approved to relocate their existing sign to the north façade of the lease space. They are also requesting a new set of larger illuminated channel letters on the eastern façade over the expansion area along with a new illuminated logo on their existing store front which will replace their existing signage.

 

The UDC sign code states that one attached sign per building elevation or lease space elevation visible from a public street or with a public entrance is permitted. The Applicant is requesting a special exception to allow two signs on the eastern elevation of the lease space to reflect the expansion.

 

Sign Size and Material:

The Applicant proposes two signs on the eastern façade:

1)                     A 100 square-foot (42 inch by 344 inch) illuminated channel letter sign located above the expanded lease space; and

2)                     A 62.7 square-foot (95-inch diameter) circle logo sign located above the entrance of the restaurant

 

Both signs are faced in black and white and are front and halo illuminated. Both signs would meet the UDC requirements for an attached wall sign if submitted independently.

 

Special Exceptions Requested:

The Applicant is requesting a special exception to UDC Section 9.05 (D.6) Table 2 - Attached Signs Wall Signs to allow for two attached signs on the eastern elevation of the lease space.

 

Summary:

Section 9.05 (B)(4)(a) of the UDC, lists criteria for approval of a special exception.

 

1.                     Whether the requested exception will not adversely affect public safety,

 

2.                      Whether the requested exception will not adversely affect surrounding properties,

 

3.                     Whether the requested exception will be in harmony with the spirit and purpose of this sign code,

 

4.                     Whether special conditions exist which are unique to the applicant or property,

 

5.                     Whether the requested exception demonstrates increased quality and standards, and

 

6.                     Whether the requested exception will be aesthetically appropriate in the area.

 

Citizen Input:

A UDC special exception does not require a public hearing. The public will have an opportunity to speak on this agenda item at the “Persons to Be Heard.”

                     

Alternatives:

The Planning and Zoning Commission has the following options when considering a UDC special exception request:

 

                     Recommend approval as submitted (with requested special exception).

                     Recommend approval with modified or additional condition(s).

                     Table the agenda item to a specific date with clarification of intent and purpose.

                     Recommend denial.

                     

City Council Action:

If the Planning and Zoning Commission takes action and makes a recommendation on this agenda item, then this UDC special exception application will be scheduled for City Council action on November 19, 2024.

 

Supporting Documents:                     

                     Aerial and Zoning Maps

                     Staff Attachment - Applicant Packet