To: Planning and Zoning Commission
From: Sarah Hensley, Interim Community Development Director
Subject:
Title
Consider approving a Site Plan with variances for a new 4,315 square-foot shell building, on .20-acre, located on the east side of South Elm Street, approximately 100 feet northwest of the Olive Street and South Elm Street intersection, located at 207 South Elm Street, legally described as Abstract 1171 Tract 10A and 12 C of Samuel Needham Survey and zoned Old Town Keller (OTK). Brian Palfrey, Owner/Applicant. (SP-23-0007)
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Background:
The Applicant recently received a grant through the city’s Façade Improvement program to demolish the residence at 207 South Elm Street. He proposes a new 4,315 square-foot shell building that will be used as restaurant space on the first floor and office on the second floor.
The subject property is located within the Neighborhood Subdistrict of the Old Town Keller zoning district. The subdistrict has design standards unique to Old Town Keller. Unified Development Code (UDC) Section 8.19(7)(a) Design Standards - Neighborhood Subdistrict states:
Architectural Requirements. All new structures of the Neighborhood Subdistrict shall resemble the residential character and style of a Texas small town of the early to middle 1900's.
Architectural styles considered appropriate include American foursquare, Craftsman, Bungalow, Minimal Traditional, and Ranch Style,
Any buildings, in the form of new construction or being relocated from another location and having a non-residential-style architecture fitting the character of the district, may be considered in the Neighborhood subdistrict on a case-by-case basis and approved by the City Council as an element of a site plan application.
Elevations:
The proposed elevations are approximately 77.5% off-white fiber cement siding and 11.5% limestone along the base of the building, with aluminum windows and wooden shutters. The patio will have a metal gate and railing, and additional limestone at the base of the columns along South Elm Street.
Variance Requests:
Due to lot constraints, the Applicant is requesting the following variances:
1. A Variance to Section 9.02(G) of the Unified Development Code (UDC) to provide 7 parking spaces (plus 2 accessible spaces) in lieu of the required 35 parking spaces.
2. A Variance to UDC Section 9.01(D)(2) to allow the dumpster enclosure doors to face South Elm Street.
3. A Variance to UDC Section 8.19(7)(b)(1) to not plant the two required two canopy trees in order to avoid the existing power lines along South Elm Street.
4. A Variance to UDC Section 9.03(F)(1)(b) to allow a 10’ landscape buffer in lieu of the required 15’ along South Elm Street.
5. A Variance to UDC Section 9.03(F)(1)(d) to have no side yard buffer in lieu of the required 10’ buffer on the north property line and a 5’ buffer on the east property line.
6. A Variance to UDC Section 9.03(F)(c) to allow a 5’ buffer in lieu of the required 30’ on the south property line.
7. A Variance to UDC Section 9.03(F)(2) to plant no trees in the side yard buffer on the north property line.
8. A Variance to UDC Section 9.03(F)(2) to plant no trees in the rear yard buffer on the east property line.
9. A Variance to UDC Section 9.03(F)(3) to plant no trees in lieu of the 2 required in the parking lot.
Citizen Input:
Site Plan applications, even with variances, do not require a Public Hearing, so no public notices were sent out. The public will have the opportunity to speak on this item during “Persons to be Heard.”
Summary:
According to section 2.07 (A)(2) of the Unified Development Code, the Planning and
Zoning Commission and City Council shall take into account the nature of the proposed
use of land involved and existing uses of the land in the vicinity, the number of persons
who will reside or work in the proposed subdivision, and the probable effect of such
variance upon traffic conditions and upon the public health, safety, convenience, and
welfare in the vicinity. No variance shall be granted unless the Planning and Zoning
Commission and City Council finds:
a. That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Code would deprive the applicant of the reasonable use of his land.
b. That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other properties in the area.
c. That the granting of the variance will not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of this Code.
d. That the granting of the variance will not constitute a violation of any other valid ordinance of the City of Keller.
e. That strict compliance with the regulations, and/or that the purpose of the regulations will be served to a greater extent by the alternative proposal.
Alternatives:
The Planning and Zoning Commission has the following options when considering a site plan with variances:
§ Recommend approval as submitted with 9 variances.
§ 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, this Site Plan application will be scheduled for City Council action on June 20, 2023