The applicant is seeking final design review approval for a proposed new 4,000 square foot detached commercial building to be located between two existing commercial buildings on the property. The project would require variances for landscape buffer requirements and parking ratios. City staff and boards have reviewed the proposal and recommended approval subject to certain conditions. Final approval of building permits would be needed pending further review for code compliance.

1. CITY OF ALAMO HEIGHTS
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL AGENDA MEMORANDUMM
TO: Mayor and City Council Members
FROM: Lety Hernandez, Director of Community Development Services
SUBJECT: Case 891F – 6400 Blk Broadway St (6401/6403 & 6421 Broadway St)
Request of NBD 6401 LP, owner, represented by Mark Johnson of Balance Site
Design, for the final design review of a proposed detached new commercial use
building with associated parking within the existing development located at the 6400
Blk of Broadway St, also known as 6401/6403 and 6421 Broadway St, under
Chapter 2 Administration for Architectural Review.
DATE: January 09, 2023
SUMMARY
The applicant is seeking to build a new stand-alone commercial use building that would be located
between the two (2) existing commercial use structures in addition to other site improvements. The
new building would be an estimated 4,000 sq ft.
BACKGROUND INFORMATION
The site is comprised of two properties that are located on the west side of Broadway, between
College Blvd. and Inslee Ave, and currently zoned B-1. The existing commercial structure located
on the southern property currently operates as Rise Up (6401 Broadway) and Jiu-Jitsu (6403
Broadway). The existing commercial structure on the northern property is operating as Honcho’s
(6421 Broadway). The two (2) existing commercial use structures will remain.

2. City Council heard a Notice of Intent (NOI) for this proposed project on September 12, 2022 and the
Architectural Review Board (ARB) conducted the Preliminary Review of the project on October 18,
2022. No action was taken on these items.
On November 07, 2022, the Planning & Zoning Commission (P&Z) considered the request to replat
the two (2) separate properties into one (1). The replat resulted in a compliant 280ft lot width and a
lot area of 0.9642 acres (42,000sq ft).
As part of the request, the applicant sought approval of three (3) variances to the current zoning
regulations. A proposed continuation of an existing nonconforming landscape buffer on the west side
of the property is considered an increase requiring a variance. Newly added parking spaces along the
north side of the property created a new nonconformity as they were placed within the landscape
buffer area. Lastly, current parking regulations require one (1) parking space for every 100 sq ft of
restaurant/cafeteria use and one (1) parking space for every 300 sq ft of gross floor area in the
building for office, clinic, retail, and business uses. The applicant requested to apply a combined
ratio of one (1) parking space for every 200 sq ft. Per Section 3-89(6) of the City’s Zoning Code, the
applicant disclosed the nonconformities on the proposed plat.
The replat met the technical requirements of Chapter 17 Subdivision Code. CPS, SAWS, and Public
Works gave approval of the proposed replat in their evaluation of the potential impact on utilities.
The Commission voted unanimously to recommend approval of the request as presented. City
Council review of the proposed replat followed on November 14, 2022. Council moved to approve
the replat request with variances with the condition that a 6ft high non-light permitting
structure/buffer to the west of the property be installed.
POLICY ANALYSIS
 Sec. 3-63. - Lot width.
The minimum lot width for the "B-1", "B-2", "B-3", and "O" Districts shall be in accordance
with the following, and no lot existing at the time of passage of this ordinance shall be reduced in
width below the minimum requirements set forth herein:
(1) Seventy-five (75) feet in width along the frontage.

3. (2) Reductions in the minimum lot widths and zero lot lines (for common wall or attached
developments) may be permitted and approved as part of the "final design review process",
and as part of plat or replat:
a. After a recommendation by the architectural review board and city council approval for
the "final design review" of the proposed development; and
b. After a recommendation by the planning and zoning commission and city council
approval.
 Sec. 3-69. – Required off-street parking.
In the O-1 and B District, off-street parking shall hereafter be provided on each lot or tract upon
which a building is erected or upon a contiguous lot or tract, and no building or structure or part
thereof, shall be hereafter erected, altered, converted or enlarged for any permitted use in the
district in which it is located unless off-street parking facilities are provided in accordance with
the following:
(3) Surface parking areas shall be developed in accordance with the following:
a. A landscape area shall be provided along all parking area boundaries with a minimum
width of eight (8) feet. Breaks in the landscaping areas may be allowed for vehicular,
pedestrian, and emergency services access.
b. One (1), four (4) inch caliper tree, per eight (8) parking spaces shall be provided. Parking
lot trees shall adhere to the following standards:
i. The planting area for each tree, whether located at an edge of the parking areas or
designed as an interior island or median between parking modules, shall be no less
than six (6) feet across in any horizontal direction.
ii. All planting areas shall have permeable surfaces and be planted with locally
appropriate species as identified in sections 3-50 and 5-152, which may include
shrubs, groundcovers, or grasses. If a planting area is used as part of a biological
stormwater treatment system, pursuant to an approved drainage plan, groundcovers
shall be selected that are appropriate to that function
 Sec. 3-70. – Landscaping, sidewalks, screening, and lighting.
Any properties within the O-1 and B Districts are required to conform with section 3-88,
landscaping regulations, in addition to the following: Parking must be located in the rear or side
of the property, behind the front face of the building, for properties with frontage along
Broadway (South of Albany Street).
(1) An eight (8) foot wide landscape area must be provided along the rear, corner side, and front
property lines. The width of the landscape may be adjusted to below the eight (8) foot
requirement for front and corner side yards based on the setback of the structure. The
landscaping must be contiguous with the entire length of the property line, except where
interrupted by a drive to an alley, pedestrian access to the property, or courtyards, sitting
areas, or other public uses.
a. Landscaping within a triangular area formed by intersecting street lines shall comply with
the requirements of sections 16-71 through 16-77 of the Code of Ordinances.
b. Required landscaping may not be required for areas located in portions of the building
setbacks that are utilized for courtyards, sitting areas, or other public uses.
 Sec. 3-84. – Special parking regulations.
(1) Minimum off-street parking requirements for the hereafter specified non-residential uses are
as follows:
(e) Offices, clinics, retail and business uses: One (1) space for each three hundred (300)
square feet of gross floor area in the building;
(f) Restaurant or cafeteria: One (1) space for every one hundred (100) gross square feet of
area;

4.  Sec. 3-89. – Nonconforming uses or structures.
(6) If the final approval of a subdivision plan, plat or replat produces a nonconforming use or
structure because of requirements of the Zoning Code, there shall be no necessity to obtain a
variance or special exception from the board of adjustment for the condition which produced
the nonconforming use or structure unless such condition is not disclosed in the plat
specifications or other documents furnished to the city in connection with the application. In
order to preserve the applicant's rights under this subsection, the subdivision plan, plat or
replat approved by the city council shall include a plat note specifically describing the
condition which otherwise would have necessitated a variance or special exception from the
board of adjustment. If the approval of the subdivision plan, plat or replat creates a
nonconforming structure, future building permits for the alteration, modification or
expansion of the nonconforming structure shall be treated the same as building permit
applications for other nonconforming structures.
The Architectural Review Board shall recommend to the City Council that the design for a project
be approved, disapproved or approved with modifications, including the imposition of conditions
by making findings in accordance with the standards contained in this article and such additional
standards as may be adopted and published by the city council from time to time. The board
considered the request at their regular meeting of December 20, 2022 and voted unanimously to
recommend approval of the proposed design as presented.
The applicant has not formally applied for construction of the proposed new commercial building;
therefore, a formal review of plan documents has not been completed by Community Development
staff and other required departments. New variances discovered upon completion of the formal
review, would require review by the Board of Adjustment, unless the applicant revises the
proposed plan to comply with current regulations, prior to approval and issuance of a building
permit.
FISCAL IMPACT
No projected fiscal impact from this project has been calculated.
ATTACHMENTS
Attachment A – Web Packet
Attachment B – Response Cards
__________________________
Lety Hernandez
Director
__________________________
Buddy Kuhn
City Manager

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