To: Planning and Zoning Commission
From: Katasha Smithers, Planner II
Subject:
Title
PUBLIC HEARING: Consider a request for a Specific Use Permit (SUP) for the Counseling office of Allison Cornelius, to operate in a 1,200 square-foot lease space, within an existing 5,964 square-foot multi-tenant building, at the intersection of Keller Parkway and North Elm Street, legally described as Lot 7R, Block 4 of O.L. Sweet’s First Addition, zoned Old Town Keller (OTK) and addressed as 123 Keller Parkway, Suite 200. Allison Cornelius, Applicant. Brent Cornelius, Owner. (SUP-23-0001)
Background:
Allison Cornelius (Applicant) spoke to Staff in October 2022 about opening a counseling office in the Old Town Keller (OTK) Zoning District. A counseling office is considered a medical use and requires a Specific Use Permit (SUP) in OTK. At the time, the potential rezone from Old Town Keller (OTK) to the Retail (R) for properties north of Keller Parkway was going through the Planning and Zoning Commission/City Council process, and the Applicant elected to wait until a final determination was made, since her proposed use could operate in the Retail Zoning District by right.
After City Council directed staff to withdraw the proposed rezone request in favor of pursuing a monument sign overlay district, Staff notified the Applicant and explained an SUP would be required.
Because the Applicant had already waited on the potential zoning change to open her office and because the existing building contained other medical offices already operating (grandfathered in without an SUP), Staff did not want her opening further delayed. A Temporary Certificate of Occupancy (TCO) was issued to the Applicant so she could operate while she applied for and went through the process to obtain an SUP and a full Certificate of Occupancy.
On January 4, 2023, the Applicant submitted an SUP request for a medical office within Old Town Keller (OTK) zoning district. According to Section 8.03 of the Keller Unified Development Code, medical office is permitted in the OTK Zoning District by SUP only.
Hours of Operation:
7 days a week: 8 a.m. to 5 p.m.
Parking:
The site provides 29 parking spaces and 2 accessible spaces meeting the required medical parking ratio at 1 per 200 square feet.
Summary:
Section 8.02 (F)(2) of the UDC states that when considering a SUP request, the Planning and Zoning Commission 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.
Citizen Input:
On January 12, 2023, the City mailed out 18 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 January 17, 2023, staff has not received any responses either in support or opposition to the request.
Alternatives:
The Planning and Zoning Commission has the following options when considering a Specific Use Permit:
§ Recommend approval as submitted.
§ Recommend approval with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Recommend denial.
City Council Action:
If the Planning and Zoning Commission takes action and makes a recommendation on this agenda item, then this UDC variance application will be scheduled for City Council action on February 21, 2023.
Supporting Documents:
§ Maps
§ Staff Attachment - Application and Narrative