To: Mark Hafner, City Manager
From: Julie Smith, Community Development Director
Subject:
Title
Consider a resolution approving a special exception to the City of Keller Unified Development Code, Article 8, Zoning Districts, Development Standards, Tree Preservation, Section 8.03 - Zoning Districts and Section 8.09 - Sign Regulations, for one attached wall sign for Shotzee’s Bar and Grill (Tarrant Appraisal District account #: 14842004) in an existing 5,000 square-foot lease space, within a 6,200 square-foot multi-tenant building, at the intersection of South Main Street and West Hill Street, legally described as Lots 3A and 3B, Block 2 of City of Keller Addition, zoned Old Town Keller (OTK) and addressed as 134 S. Main St. Gypsy Rose Lee LLC, Applicant. Keller Main 136 LLC, Owner. (UDC-22-0006)
Body
Background:
Shotzee’s Bar and Grill has been operating since January 2022.
The business applied for two sign permits in December 2021 and January 2022 which were later approved. Staff inspected the signs on April 6, 2022, and discovered a 50-square-foot sign on the north exterior wall that had not been permitted.
Roscoe’s had a sign previously in the same location on the building prior to Shotzee’s that was grandfathered. Shotzee’s removed the entire sign, nullifying the grandfathered status, and installed a new sign that is prohibited by the UDC. Wall-mounted signs may only be placed on walls facing streets or with a public entrance. The north elevation of Shotzee’s does not have a public entrance nor does it face Main Street; the sign faces the parking lot for the business directly to the north (Keller Tavern).
On April 11, 2022, Staff spoke with the business owner by phone about the unpermitted sign and explained it need to be permitted or removed. The same day, Staff followed up with an email and asked that the business remove the sign or submit a sign permit application by April 18, 2022. A sign permit application was submitted more than a month later on May 19, 2022 by North Texas Signs and Routing - the company that installed the two permitted Shotzee’s signs and also the unpermitted sign.
Staff denied the sign permit application on June 1, 2022 noting that the sign did not meet the UDC requirements for the OTK zoning district. In addition to the UDC requirements for wall-mounted signs in all districts, the OTK zoning district has additional signage requirements. In particular, wall signs must be historic in context with the eclectic character of the Main Street Subdistrict, sign materials and styles shall reflect the character of Old Town Keller (OTK), signs must be located in an area designed for that function, and that colors, materials, shapes and sizes of signs must be compatible with the architecture of the building and character of the surrounding area.
On July 13, 2022, Shotzee’s applied for a special exception request to allow the existing sign located on the north side of the building to remain as installed.
Sign Size and Material:
The sign measures 8 feet tall and 6.3 feet wide - a total of 50.4 square feet.
According to the sign permit application, it is made of Diabond, which is an aluminum composite, with vinyl graphics.
Special Exceptions Requested:
The applicant is requesting a special exception to the Wall Sign Table in Section 8.09 and Section 8.03 (R)(5)(e)(5)(a) and (R)(5)(e)(6-8) of the UDC, which state:
• (Wall Sign Table): Prohibition to wall signs on walls not facing streets or drive aisle or with a public entrance.
• (R)(5)(e)(5)(a): Wall mounted signs on Main Street must be historic in context with the eclectic character of the Main Street Subdistrict.
• (R)(5)(e)(6): Sign materials and styles shall reflect the character of Old Town Keller. Post and bracket styles; wood, metal, or masonry materials with painted, engraved, or mounted letters are encouraged.
• (R)(5)(e)(7): Signs must be located on the facade in areas designated for this function; for example, a recessed or framed area or a parapet panel between shop-front and roofline.
• (R)(5)(e)(8): Color, materials, sizes, shapes, and lighting of signs must be compatible with the architecture of the building, the business it identifies and the character of the surrounding area.
Summary:
Section 8.09 (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 application does not require a public hearing. The public will have an opportunity to speak on this agenda item at the “Persons to Be Heard.”
Planning & Zoning Commission Recommendation:
On July 26, 2022, the Planning and Zoning Commission unanimously recommended denial of the special exception, citing the sign was no longer grandfathered and did not meet all six of the criteria required for approval.
The Commissioners overall noted the importance of adhering to both the sign regulations as well as OTK design standards, and said approving the special exception would set a precedent of not following city ordinances.
Alternatives:
The City Council has the following options when considering a UDC special exception request:
§ Approve as submitted (with requested special exception).
§ Approve with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.
Supporting Documents:
§ Aerial and Zoning Maps
§ Application
§ Staff Attachment