To: Mark Hafner, City Manager
From: Amber Washington, Planner I
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving Specific Use Permits (SUPs) for 139 Olive, an event venue with indoor and outdoor entertainment, in an existing 1,600 square-foot building on approximately 0.11 acre, approximately 150 feet northwest from the intersection of South Elm Street and Olive Street, legally described as Lot 7R2, Block 8 of the Keller, City Addition, zoned Old Town Keller (OTK) and addressed 139 Olive Street. Ashley Hernandez, Applicant/Owner. (SUP-23-0010)
Background:
The Applicant purchased 139 Olive in October 2022 and received a Certificate of Occupancy for retail sales and office space. (Both she and her husband use the office space as a base for their different businesses).
The Applicant has now upgraded the property by completing cosmetic interior renovations including creating several small gathering spaces to rent for events, pop-up shops, team gatherings, workshops, small outdoor gatherings, and the like. Because such uses require a Specific Use Permit (SUP) as an event center and an SUP for indoor/outdoor entertainment, the Applicant applied for the SUPs.
Site Design:
There are four unique rental spaces from which patrons can choose: three rooms inside and one around the patio area in the backyard of 139 Olive. (See Staff Attachment for interior and patio pictures.) The upstairs space is not rentable or usable by the public, because the staircase does not meet Fire or Building Code means of egress requirements. Upstairs is only permitted for use as office and storage space.
Parking:
All parking spaces in Old Town Keller are shared. Because of space constraints in the building, and small events likely being held after normal business hours, there is not an anticipated increased parking impact.
Hours of Operation:
7 a.m. to 9 p.m. Sunday through Thursday
6 a.m. to 11 p.m. Friday and Saturday
Employees:
The only employees of 139 Olive are the Applicant and her husband.
Trip Generation:
A Trip Generation Form (TGF) is necessary to determine if enough traffic is generated to warrant a Traffic Impact Analysis (TIA). A TIA is used to document the increased traffic demand placed on the existing and planned transportation network and what mitigating actions are required of the proposed development. In this case, the Applicant is going to occupy a previously occupied commercial operation with no change to the building footprint. As such, a TGF was not required.
Summary:
Section 8.02 (F)(2) of the UDC states that when considering a SUP request, the 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 March 30, 2023, the City mailed out 27 letters of notification for this Public Hearing to all property owners within three-hundred feet (300’) of the subject site. A public hearing notice sign was posted on the site.
Staff has received 4 letters of opposition, each noting a concern about lack of parking in OTK.
Staff has received two emails and one letter in support of the requested SUPs.
Alternatives:
The City Council has the following options when considering a Specific Use Permit:
§ Approve as submitted.
§ Approve with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.
Planning and Zoning Recommendation:
At the April 11, 2023 Planning and Zoning Commission meeting, the Commission unanimously recommended approval of the requested SUPs.
Supporting Documents:
§ Aerial and Zoning Maps
§ Staff Attachment
§ Community Response