To: Aaron Rector, Interim City Manager
From: Sarah Hensley, Director of Community Development
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for Sacred Ground Therapy, a mental health practice proposed in a 985 square-foot lease space in an existing 23,000 square-foot building on 1.91 acres, at the intersection of Keller Parkway and Country Brook Drive, legally described as Lot 2, Block B of the Keller Town Center Addition, zoned Town Center (TC) and addressed 1240 Keller Parkway, Suite 205. Jonathan Marcotte, Applicant. David Washington, Owner. (SUP-24-0012)
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Background:
The Applicant applied for a Certificate of Occupancy (CO) in September 2022. The CO was denied because medical uses, including mental health clinics, were not allowed at the time, even by Specific Use Permit (SUP) in the Town Center zoning district. Staff discovered the clinic was open in June 2023, and that the CO denial sent in 2022 never reached the Applicant. Staff was already beginning work on a proposed Unified Development Code (UDC) amendment that included possibly adding medical back into the Town Center use chart by SUP, so the Applicant was allowed to continue operating (after completing all life safety CO requirements), with the understanding that if Medical was not added into the Town Center use chart, their practice would have to relocate.
Site Design:
The Applicant hopes to continue operating in the existing Frost Bank building, which was constructed in 2000 as a bank, office and retail space. The suite the practice currently occupies is approximately 985 square feet and is adjacent to empty shell space that could allow for future expansion of the clinic.
The parking requirement for a medical office is one space per 200 square feet of gross floor area, bringing the total number of spaces needed for this Applicant to 5 spaces plus one accessible space. Parking for this site was addressed at the time the building was constructed and includes 82 regular and 4 accessible spaces.
Business Details:
The office has three therapists and two administrative staff members, with hopes to increase the practice in the future. Operating hours for the clinic are 8 a.m. - 8 p.m. Monday - Thursday and 8 a.m. - 4 p.m. on Fridays.
Land Use:
The subject property is zoned Town Center, and designated Mixed Use (MU) on the city’s Future Land Use Plan (FLUP). Surrounding land use designations:
North: MU (Braum’s/Vacant lot)
South: MU (The District at Uptown townhome development)
East: MU (ambulatory surgical center, currently vacant)
West: MU (Olympus Town Center multifamily development)
Summary:
Section 8.02 (F)(2) of the UDC states that when considering a SUP request, the City Council 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 May 16, 2024, the City mailed out 48 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.
Staff has received one letter of support (from the property owner) in response to this SUP request.
Planning and Zoning Commission Recommendation:
At the May 28, 2024, Planning and Zoning Commission meeting, Commissioners unanimously recommended approval of the SUP request as presented.
Alternatives:
The City Council has the following options when considering a Specific Use Permit:
• Approve as submitted.
• Approve with modified or additional condition(s).
• Table the agenda item to a specific date with clarification of intent and purpose.
• Deny.