Ordinance Cover Memo1
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: August 13, 2019
Reference: Consider approval of PD-209R2R-C to allow the re-occupancy of an existing vacant
restaurant building requiring variances to the Zoning Ordinance including: the expansion
of an outdoor patio area encroaching into the required setback area, five parking space
deficit and sign variances on 0.57 acres of property located at the southeast corner of
Sandy Lake Road and Denton Tap Road; and authorizing the Mayor to sign.
2030: Business Prosperity
Executive Summary:
This request is to modify the reoccupy the former Mooyah lease space with a Biscuit Bar with seating
for 116 diners. To accommodate this expansion variances are required to setbacks and parking and the
applicant is requesting additional signage.
Introduction:
This PD request specifically includes; the enlargement of the existing patio area and adding a covering
to this patio along Sandy Lake Road; the addition of an enclosed outdoor cooler and enclosing the existing
dumpster area. This request also includes a setback variance for the patio a 5-parking space and a
variance to the sign ordinance.
The Sign Ordinance permits a maximum of 61.25 square footage of signage, based on frontage of this
lease space. Originally, the applicant requested four signs, totaling 123.33 square feet. Staff
recommended a total of 69.2 square feet. During the discussion at the Planning and Zoning Commission
meeting, a compromise was offered to allow the applicant a total of 80 square feet of signs, which could
be designed to meet their need for branding recognition. In addition, a 10 square foot blade sign could
be incorporated into the sign package. Subsequent to the meeting, the applicant submitted a sign package
totaling 83 square feet. This was only slightly larger, and staff supported the request.
At the July 9, 2019 Council Meeting, the City Council approved 129 square feet in signage.
Analysis:
On June 20, 2019 the Planning and Zoning Commission recommended APPROVAL of PD -209R2R-C,
TownOaks Centre, Biscuit Bar allowing setback variance for the patio, parking and sign variances,
subject to a maximum of 80 square feet of signs, plus the blade sign, if desired.
2
On July 9, 2019, City Council unanimously approved this Planned Development District. The following
conditions have been incorporated into the Ordinance.
1. The existing monument sign may be retained and re-faced in accordance with the Code of
Ordinances.
2. A total of 129 square feet attached signage shall be permitted as indicated in the Sign Plan
in Exhibit “D”.
3. The required front yard setback shall be allowed at 17 feet from the Sandy Lake Road right-
of-way as indicated in Exhibit “B”.
4. The property shall be allowed a five (5) parking space deficit.
5. The hours of operation shall not exceed 7:00 a.m. to 11:00 p.m., Sunday through Saturday.
6. A mechanically operated patio enclosure shall be allowed as depicted on the Exterior
Elevations in Exhibit “C”.
7. No trees shall be removed, and all existing landscaping shall remain and be in accordance
with the last approved Landscape Plan as established in PD-209R2-C (Ordinance No.
91500-A-506)
Legal Review:
The City Attorney reviewed this Ordinance
Fiscal Impact:
None
Recommendation:
The Planning Department recommends approval.
Attachments:
1. Ordinance
2. Exhibit A – Legal Description
3. Exhibit B - Site Plan
4. Exhibit C - Elevations
5. Exhibit D – Sign Plan