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File #: 22-430    Version: 1
Type: New Business Status: Approved
File created: 5/24/2022 Meeting Body: City Council
On agenda: 6/7/2022 Final action: 6/7/2022
Title Search: PUBLIC HEARING: Consider an ordinance approving two Specific Use Permits (SUPs) for Hollywood's Pour Shack, a restaurant, bar, and live music venue, on approximately 1.00-acre tract of land, located on the west side of South Main Street (HWY 377), situated at the intersection of South Main Street and West Pecan Street, legally described as Lot 1R, Block 6 of Keller, City Addition, zoned Old Town Keller (OTK) and addressed 250 South Main Street. 250 South Main - Keller, Owner. Hollywood's Pour Shack, Inc., Applicant. (SUP-22-0007)
Attachments: 1. 060722_HollywoodsPourShack SUP_ORDINANCE, 2. 060722_HollywoodsPourShack SUP_Application, 3. 060722_HollywoodsPourShack SUP_Maps, 4. 060722_HollywoodsPourShack SUP_Staff Attachment - PD Calls, 5. 060722_HollywoodsPourShack SUP_Landscape Photos, 6. Item H-2 Pour Shack SUP Presentation

To:                     Mark Hafner, City Manager

From:                     Julie Smith, Director of Community Development

Subject:                     

Title

PUBLIC HEARING: Consider an ordinance approving two Specific Use Permits (SUPs) for Hollywood’s Pour Shack, a restaurant, bar, and live music venue, on approximately 1.00-acre tract of land, located on the west side of South Main Street (HWY 377), situated at the intersection of South Main Street and West Pecan Street, legally described as Lot 1R, Block 6 of Keller, City Addition, zoned Old Town Keller (OTK) and addressed 250 South Main Street. 250 South Main - Keller, Owner. Hollywood’s Pour Shack, Inc., Applicant. (SUP-22-0007)

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Background:

Prior to 2015, Bronson Rock operated a bar, dining, and music venue business at this location (250 South Main Street).

 

In 2015, the City Council amended the UDC to create the Old Town Keller (OTK) zoning district including establishing the uses for the district. In addition to encouraging experiential destination businesses along with a mix of residential, OTK added SUP requirements for operating bars and indoor entertainment venues. It prohibited outdoor entertainment venues.

 

In 2018, The Pour Shack purchased the property and obtained a CO as a legal, nonconforming use. It continued to operate both the indoor and outdoor music venues as well as the bar and dining services.

 

The new business owner, Russell Grant, who acquired the business in December 2021, is requesting two Specific Use Permits to bring the indoor music venue and bar components into compliance with the UDC. The outdoor music venue may continue to operate as a legal, nonconforming use.

 

The business will operate under the new name of “Hollywood’s Pour Shack”. The new owner aims to establish the business as a well-known spot for burgers and experiential/destination dining with the goal of attracting patrons from all over North Texas.

 

Hours of Operation:

The proposed hours of operation are Tuesday-Thursday: 4 p.m. to midnight; Friday: 4 p.m. to 2 a.m.; Saturday: noon to 2 a.m.; and Sunday: noon to midnight. Hollywood’s Pour Shack will be closed on Mondays. These hours mirror the hours currently used by The Pour Shack.

 

Citizen Input:

On April 29, 2022, the City mailed out 20 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. As of today, staff received one phone call from the adjacent residential neighbor asking that the owner reduce the noise volume for the bands (in particular the noise caused by drummers) as she has had to call the Police Department several times to complain. The resident has lived in her home since 1954.

 

Planning and Zoning Commission Recommendation:

On May 10, 2022 the Commission voted 6-1 to recommend approval of the two SUP requests (to operate both a bar and an indoor entertainment venue in the OTK zoning district) with the added condition that outdoor music be allowed no later than 12 a.m. on any given evening. The Commission had an extensive discussion with the Applicant about potential noise mitigation measures and actual operation of the outdoor venue. The Applicant explained that since he had purchased the business, most of the noise complaints had been on evenings when heavy metal bands were playing and the drums were particularly loud. The Applicant offered to muffle the base drum with a towel or sweatshirt and to soften the heads of the other drums. The Commission then asked the Applicant how late these outdoor bands generally played on the weekends, and he explained they usually stopped around 11:00 p.m. or 11:30 p.m. at the latest. The Commission proposed ending outdoor music at midnight as a compromise to the 2:00 a.m. currently allowed. The Applicant was amenable to the condition. The Applicant also agreed to address the landscape deficiencies (overgrown, missing, dead).

 

SUP Requests:

1.                     To operate a bar in the Old Town Keller zoning district.

2.                     To operate indoor entertainment in the Old Town Keller zoning district.

 

Summary:

Section 8.02 (F)(2) of the UDC states that when considering an 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.

 

Alternatives:

The City Council has the following options when considering two Specific Use Permits:

 

§                     Approve as submitted.

§                     Approve with modified or additional condition(s) (Planning and Zoning Commission  Recommendation).

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

§                     Deny.

 

Supporting Documents:                     

§                     Aerial and Zoning Maps

§                     Staff Attachments