To: Mark Hafner, City Manager
From: Julie Smith, Community Development Director
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for First Baptist Church to allow a private school (Harvest Christian Academy) to occupy an approximately 101,186 square-foot existing building, situated on a 4.78-acre tract of land, located on the north side of Pearl Street, approximately 100 feet northeast of the intersection of Pearl Street and Jessie Street, legally described as Lot 1, Block 1 and 2, First Baptist Church Addition Keller, zoned SF-8.4, located at 225 Keller Parkway. First Baptist Church, owner/applicant. (SUP-21-0010)
Body
Background:
The applicant is requesting to utilize the existing building and Sunday school rooms for Harvest Christian Academy to operate a Private School. The Private School will accommodate approximately 200-240 people (kids and faculty).
SUP request:
According to Section 8.03 of the Unified Development Code (UDC), “Private Schools” require a Specific Use Permit in every residential zoning district. (Because the Church is acting as a private entity by leasing to a private school, it is not exempt from zoning requirements under RLUIPA (Religious Land Use and Institutionalized Person Act). Therefore, the Applicant is requesting an SUP to allow Harvest Christian Academy to occupy the existing church building.
Proposed Hours:
The hours of the school are 7:30 A.M. - 4:00 P.M. Monday-Friday.
Planning and Zoning Recommendation:
On April 27, 2021, the Planning and Zoning Commission held a public hearing at which one resident spoke in opposition based on potential impact to the surrounding neighborhood. The Commission voted 6-1 to recommend approval of the SUP for one-year. The Commission felt this action would meet the short timeline the school faces, while also allowing the Church, School, and KISD to rectify concerns regarding the traffic impact and safety for the adjacent middle school and surrounding neighborhood. Assuming an agreeable plan is developed, the one-year SUP allows the plan to be put in place and tested before the Applicant comes back for an SUP for future years.
Summary:
Section 8.02 (F)(2) of the UDC states that when considering a SUP request, the Planning and Zoning Commission and 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 April 1, 2021, the City mailed out 12 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 also posted on the site.
As of May 10, 2021, Staff has received one email in opposition regarding this application.
Alternatives:
The City Council has the following options when considering a Specific Use Permit:
Approve as recommended by the Planning and Zoning Commission.
Approve with modified or additional condition(s).
Table the agenda item to a specific date with clarification of intent and purpose.
Deny.