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File #: 22-505    Version: 1
Type: New Business Status: Approved
File created: 6/22/2022 Meeting Body: City Council
On agenda: 7/5/2022 Final action: 7/5/2022
Title Search: PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for The Missing Peace Autism Therapy Center to occupy a 5,300 square-foot lease space, within a 11,600 square-foot multi-tenant building, located on the east side of South Main Street, approximately 300 feet north of the Bear Creek Parkway and South Main Street intersection, on 1.02 acres, legally described as Lot 1, Block A of the Bear Creek 97 Addition, zoned Old Town Keller (OTK), and situated at 651 South Main Street, Suite 102. Manu Group, L.P., Owner. The Missing Peace Autism Therapy Center, Applicant. (SUP-22-0016)
Attachments: 1. 070522_Missing Peace SUP_ORDINANCE, 2. 070522_MissingPeace SUP_Maps, 3. 070522_MissingPeace SUP_Staff Attachment, 4. H-4 Missing Peace SUP Presentation

To:                     Mark Hafner, City Manager

From:                     Julie Smith, Director of Community Development

Subject:                     

Title

PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for The Missing Peace Autism Therapy Center to occupy a 5,300 square-foot lease space, within a 11,600 square-foot multi-tenant building, located on the east side of South Main Street, approximately 300 feet north of the Bear Creek Parkway and South Main Street intersection, on 1.02 acres, legally described as Lot 1, Block A of the Bear Creek 97 Addition, zoned Old Town Keller (OTK), and situated at 651 South Main Street, Suite 102. Manu Group, L.P., Owner. The Missing Peace Autism Therapy Center, Applicant. (SUP-22-0016)

Body

 

Background:

The Missing Peace Autism Therapy Center has been conducting business as a pediatric autism therapy center at 816 Keller Parkway, Ste. 302 since October 2014. They recently began expanding their business due to increasing demand and hope to open a second location in Keller to accommodate their waitlist of clients. Because this is a medical use, an SUP is required within the OTK zoning district.

 

On September 3, 2002, the Old Town Keller (OTK) overlay was established. The base zoning district was Commercial. 

 

On August 1, 2006, City Council approved the Site Plan for Keller Medical Office Center, a proposed 11,600 square-foot medical office building. The building has been utilized for medical office uses since the building was first occupied.

 

On July, 7, 2015, the OTK overlay zoning district was converted into a straight zoning district with a detailed use chart; medical offices were not permitted within the district.

 

On August 16, 2016, the City Council amended the OTK Zoning District to permit ‘Medical Offices’ by Specific Use Permit (SUP).

 

In recent months, the City Council, Planning and Zoning Commission and staff have discussed the potential development of the North Main Overlay District (NMOD). As part of that discussion, Staff proposed rezoning the properties between Bear Creek Parkway and the actual Bear Creek (including the property this particular business wishes to occupy) from Old Town Keller District to Retail. The area already functions as a medical district with the hospital, medical offices, and restaurants. Medical offices and restaurant uses would be allowed by right (and a hospital with an SUP) in the Retail Zoning District. Staff is bringing the proposal forward to the Planning and Zoning Commission on June 28, along with the related Future Land Use Plan (FLUP) amendment. The area is designated Mixed-Use (MU) in the 2021 FLUP, which is characterized as a more pedestrian-oriented area focused on a mix of retail/commercial, office, entertainment and open space with civic, institutional and residential uses. The proposed Retail/Commercial FLUP designation is characterized by establishments that provide goods and services to the public. The proposed FLUP amendment and rezone were considered by the Planning and Zoning Commission on June 28, and will be on the July 19 City Council agenda. However, by approving the request for the SUP for medical offices prior to the rezoning of the area, The Missing Peace Autism Therapy Center could obtain a Certificate of Occupancy almost two weeks earlier.

 

Hours of Operation:

Monday - Friday: 8 a.m. to 5 p.m.

 

Citizen Input:

On June 2, 2022, the City mailed out nine 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 today, Staff has not received any responses from the public.

 

Planning and Zoning Commission Recommendation:

On June 14, 2022, the Commission voted to unanimously recommend approval of the following SUP request with no modifications.

 

1.                     To operate a Medical Office providing pediatric autism therapy in the OTK district.

 

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.

                     

 

Alternatives:

The City Council has the following options when considering a Specific Use Permit:

 

§                     Approve as submitted (Planning and Zoning Commission recommendation).

§                     Approve with modified or additional condition(s).

§                     Table the agenda item to a specific date with clarification of intent and purpose.

§                     Deny.

                     

Supporting Documents:                     

§                     Aerial and Zoning Maps

§                     Staff Attachment - Application and information