To: Mark Hafner, City Manager
From: Sarah Hensley, Director of Community Development
Subject:
Title
Consider a resolution approving a Site Plan with variances for a new 4,500 square-foot restaurant, on .11 acre, located on the west side of South Main Street, approximately 100 feet southwest of the Bates and South Main Street intersection, legally described as a portion of Lots 2 and 3, Block 5, Keller, City Addition and addressed as 228 South Main Street. Keller Main 222, LLC, Owner/Applicant. (SP-23-0024)
Background:
The applicant is proposing to construct a new 4,500 square-foot restaurant with an outdoor patio. The subject property is located in the Main Street Subdistrict of the Old Town Keller Zoning District. The Unified Development Code (UDC) describes the Main Street Subdistrict as being “characterized by continuous storefronts along the streets with deep, long, and narrow shops. Buildings are typically one or two stories in height with flat roofs and display a historic mercantile character.”
The proposed structure will include restaurant and approximately 900 square-feet of lease space (no tenant has been identified for the lease space).
Site Layout:
The proposed building will have two entrances facing South Main Street and a patio with two additional entrances on the west side. The patio will have no roof or covering and will be delineated on the south, west and north sides by a masonry fence. The Applicant proposes to extend the pedestrian promenade that ends at Bates Street across the lot to the north to tie into sidewalk that would provide pedestrian access to the building and patio.
The UDC encourages sidewalk patios with fencing along the promenade.
The Applicant proposes a 10-foot setback off South Main Street and to build up to the north and south property lines. The UDC states that the “character of Old Town calls for Build-to lines, reducing the setback from the street as much as possible while still accommodating the landscape buffer, sidewalk and necessary easements. This is typically fifteen feet, however may vary from case-to case to achieve the build-to scenario.” No interior yard is required as long as appropriate fire and building codes are met. The proposed site plan meets the rear yard setback requirement of 5 feet.
No dumpster enclosure is proposed; the Applicant intends to have the businesses utilize the container on Lamar Street used by Main Street Depot/Keller Roundhouse since all will be under the same ownership.
Deliveries will be accommodated by trucks parking on the side streets and carting product to the building using the promenade/sidewalks.
Elevations:
The UDC encourages the use of brick, stone, stucco, fibrous cement and concrete, and states that the use of split-faced concrete block shall be limited to the base of a building up to three feet in height from the foundation. Blank walls are prohibited on front facades and any facades that face side streets. However, according to House Bill 2439 that went into effect Sept. 1, 2019, cities do not have legal authority to enforce building materials.
Detailed UDC architectural requirements for the Main Street Subdistrict are included in the agenda packet.
1. East Elevation: brick façade with aluminum canopies over each entrance, with fiber cement, brick and aluminum accents.
2. North Elevation: Painted concrete masonry unit (CMU) with no articulation or accents. The Applicant anticipates further development in the near future on the lot immediately to the north (owned by the Applicant) that will shield the blank wall from view on Bates Street.
3. West Elevation: brick façade with aluminum canopies over each entrance, with fiber cement, brick and aluminum accents.
4. South Elevation: Painted concrete masonry unit (CMU) with no articulation or accents. There are two structures on the lot to the south (also owned by the Applicant) that shield the view of the south elevation from Olive Street.
Lighting:
The subject property is not adjacent to any residential properties, so no photometric plans were required. The Applicant will be required to show all interior and exterior lighting on the building plans.
Parking - Variance Requested:
The total parking requirement for a 4,500 square-foot restaurant is 30 spaces plus 2 accessible spaces.
1. The Applicant requests a variance to provide no on-site parking.
Landscaping - Variance Requested:
In the Main Street Subdistrict, the UDC requires street trees along Main Street and states that “all new developments to have foundation watering to reduce soils shifting and appropriately scaled plantings in front of the building and along any sides adjacent to public streets. The foundation planting area shall be a minimum of five feet in width and contain a mixture of landscaping to provide seasonal interest and color.”
With other new developments in Old Town Keller, applicants have been encouraged to submit a Landscape Plan and meet as many of the Landscape Requirements for non-residential developments as possible.
2. The Applicant requests to provide a 500 square-foot landscape area with three 2-foot diameter planter boxes along the front façade facing South Main Street in lieu of all landscape requirements.
Variances Requested:
1. A variance request to provide no on-site parking, in lieu of the 30 regular and 2 accessible spaces required.
2. A variance request to allow the 500 square-feet of landscaped area along the front façade to satisfy all landscape requirements.
Summary:
Section 2.07(A)(2) of the UDC lists criteria for approval of a variance, the Planning and Zoning Commission and City Council shall consider the following factors:
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.
Citizen Input:
A Site Plan application, even with variances, does not require a public hearing, so no public hearing notifications were sent out to the surrounding property owners for this request. The public will have an opportunity to speak on this agenda item at the “Persons To Be Heard”.
Planning and Zoning Commission Recommendation:
At the December 12, 2023, Planning and Zoning Commission meeting, Commissioners unanimously recommended approval of the site plan with variances as presented.
Alternatives:
The City Council has the following options when considering a Site Plan with variances:
§ Approve as submitted (with requested variances).
§ Approve with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.