To: Mark Hafner, City Manager
From: Julie Smith, Community Development Director
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving an amendment to the City of Keller Unified Development Code, adopted by Ordinance No. 1746 dated July 7, 2015, by providing revisions to allow medical office use in the Town Center (TC) Zoning District with a Specific Use Permit (SUP) and modifying, Article 8 - Zoning-Districts, Development Standards, Tree Preservation; authorizing publication; provide for penalties; and establishing an effective date. City of Keller, applicant. (UDC-19-0013)
Body
Background:
The current Unified Development Code (UDC) regulations were adopted in 2015 as a part of the UDC update and does not include a ‘medical office’ use in the Town Center (TC) Zoning District. In the recent months, City Staff has received requests made by developers for medical offices in the Town Center Zoning District.
Analysis:
Historically, the City Council chose not to permit “medical use” in the TC Zoning district. “Medical use” would include ‘Dental, Medical, or Chiropractic Clinic’ which is defined as “A facility or group of offices for one or more physicians for the examination and treatment of ill and afflicted human outpatients provided that patients are not kept overnight except under emergency conditions.”
Citizen Input:
During the August 12, 2019, Planning and Zoning Commission public hearing, only two people came forward to speak. Kevin McIntosh, Jason’s Deli Developer, spoke in support of including medical use in TC with a SUP, because Town Center no longer reflects the intent of the zoning district (pedestrian-oriented with retail and residential components) but rather has strip centers and 1709 running through it. Because of the exposure provided by Keller Parkway traffic, he had a potential tenant very interested in the space next to the new Jason’s Deli who would be providing medical services.
Brian Campbell spoke in opposition and encouraged the City to adhere to its original vision for Town Center and encourage mutually supportive office, civic, cultural, entertainment, and residential uses as specifically called out for in the UDC.
An amendment to the text of the UDC requires a public hearing notice to be published in the local newspaper fifteen (15) days prior to the scheduled City Council meeting date. The notice for the City Council public hearing was published in the August 18, 2019, edition of the Fort Worth Star-Telegram.
As of August 27, 2019, Staff has not received any responses from the public on this UDC text amendment request.
Planning and Zoning Recommendation:
On August 12, 2019, the Planning and Zoning Commission recommended denial by a vote of 5-1 as the request does not meet the intent and vision of the Town Center Zoning District. Additionally, the Commission directed Staff to bring back a proposal to remove ‘minor medical emergency clinic’ use in Town Center so that the zoning district is consistent with respect to medical uses.
Alternatives:
The City Council has the following options when considering an amendment to the text of the UDC:
§ Approve as submitted.
§ Approve with modifications or additional amendments(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.