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HomeMy WebLinkAboutZ-6759 Staff AnalysisMarch 2, 2000 ITEM NO.: B FILE NO: Z-6759 NAME: Velez Day Care Center - Conditional Use Permit LOCATION: 4600 Eastwood Road OWNER/APPLICANT: Sam and Julie Velez PROPOSAL: To obtain a conditional use permit for a day care center for up to 20 children at 4600 Eastwood Road on property Zoned R- 2, Single Family Residential. ORDINANCE DESIGN STANDARDS: 1. SITE LOCATION: This site is located at the southwest corner of the intersection of Vinewood and Eastwood Roads, one block south of Asher Avenue. 2. COMPATIBILITY WITH NEIGHBORHOOD: This site is Zoned R-2, Single Family Residential and contains an existing single family one story house. The surrounding zoning is also mostly R-2 and contains single family houses except for the area to the north directly across Vinewood which is Zoned 0-1, Quiet Office, and contains a church. Staff believes that since this site is on the edge of a residential area and will be a small day care center, that this use should be compatible with the neighborhood. The Westwood Neighborhood Associations was notified of the Public Hearing. 3. ON SITE DRIVES AND PARKING: There is an existing driveway from Vinewood on to this site which will remain the same. Parking for employees would be provided off site across Vinewood at the church. The applicant has provided to Staff written approval from the church for this arrangement. That March 2, 2000 ITEM NO.: B (Cont.) FILE NO.: Z-6759 arrangement would require a variance for 100% off-site employee parking. The two required drop-off parking spaces for the children would be provided on-site along the existing driveway. 4. SCREENING AND BUFFERS: This site should be screened from the residential property to the south. This screen would preferably be a wooden fence with its face side directed outward. 5. PUBLIC WORKS COMMENTS: 1. Vinewood and Eastwood are commercial collector streets. Dedicate right-of-way to 30 feet from centerline. 2.A 20 feet radial dedication of right-of-way is required at the corner of Vinewood and Eastwood. 3. Provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvements to these streets including 5 -foot sidewalks with planned development. Extend sidewalk on Vinewood Road. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 6. Show parking for employees, customers, and drop-off area. 6. UTILITY AND FIRE DEPT. COMMENTS: Water: No objection. Wastewater: Sewer available, not adversely affected. Southwestern Bell: No comments received. ARKLA: Approved as submitted. Entergy: No comments received. Fire Department: Approved as submitted. CATA: Approved as submitted. 2 March 2, 2000 ITEM NO.: B (Cont. 7. STAFF ANALYSIS: FILE NO.: Z-6759 The applicant has requested a conditional use permit for a 20 child day care center in an existing house at 4600 Eastwood Road. The house is to be used entirely as a day-care center with no residential use. The property is Zoned R-2, Single Family Residential, and is surrounded by R-2 residential zoning and uses on three sides. To the north across Vinewood exists a church on property Zoned 0-1, Quiet Office. The center would operate from 6:00 a.m. to 6:00 p.m. Monday through Friday. No changes to the exterior of the existing house would be made. A playground and two parking spaces along the driveway for drop-off would be added to the rear yard area, along with a screening fence along the south property line. Since the house isn't being changed, no other site plan issues exist. The only other issue is the normal Public Works requirements for street improvements and dedication of right-of-way. The applicant has requested a waiver to the street improvements mainly because of the expense compared to the small operation, minimal physical site changes proposed, and the temporary time intended for the requested use. Public Works does not support the waiver. No signage variance has been requested nor additional exterior lighting shown. If any exterior lighting is installed, it must be low intensity and be directed downward and inward to the property and shielded from and not directed towards any residential area. The applicant wants to leave the property as close to it's existing residential nature as possible because their future plan is to move into a larger facility for a larger day care center and then use this property as residential again. The reason for using this in the interim is the urgent need the applicant sees for day care capability to serve families who are members of the church across the street of which the applicant is also a member. 3 March 2, 2000 ITEM NO.: B (Cont.) FILE NO.: Z-6759 The site is located on the edge of the residential neighborhood so that activity caused by the use, including traffic, would remain on the outer edge of the neighborhood. Staff believes this would be a reasonable use of this property and in its small capacity it should not adversely affect the neighborhood. 8. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit subject to compliance with the following conditions: a. Comply with the City's Screening and Buffer Ordinances. b. Comply with Public Works Comments, including installing two parking spaces as agreed to and shown on the revised site plan. Right-of-way dedication must be completed prior to occupancy by the day care operation. c. All exterior lighting installed must be low intensity and be directed downward and inward to the property and shielded from, and not directed towards, any residential area. Staff also recommends approval of the variance for 100% off-site employee parking as long as it can remain on the church property across Vinewood. Staff does not recommend approval of the waiver of street improvements. SUBDIVISION COMMITTEE COMMENTS: (OCTOBER 21, 1999) Sam Velez, the owner/applicant, was present representing his application. Staff gave a brief description of the proposal. Public Works briefly reviewed their comments. The applicant had some concerns about those requirements. It was suggested that further one-on-one discussions take place about those issues. Staff also briefly reviewed the screening requirements, and signage and parking comments to make sure the applicant understood them. 4 March 2, 2000 ITEM NO.: B (Cont.) FILE NO.: Z-6759 The applicant stated that he wished to increase the number of children to 20 and that he would address the street improvements and right-of-way issues with Public Works. There being no further issues, the Committee accepted the proposal and forwarded the item to the full Commission for final action. PLANNING COMMISSION ACTION: (NOVEMBER 11, 1999) Sam Velez was present representing the application. There were no registered objectors present at the time the item was presented as part of the Consent Agenda. Staff presented the item with a recommendation for approval subject to compliance with the conditions listed under "Staff Recommendation," paragraph 8 above. The item was placed on the Consent Agenda and approved as recommended by Staff. The vote was 9 ayes, 0 nays, 1 absent, and 1 open position. Later during the meeting, at approximately 6:00 p.m. Mike Kumpuris, President of the Westwood Neighborhood Association, contacted Staff at the meeting to check on the status of this item. He was informed that it had been approved on the Consent Agenda. He stated that he was there to oppose the item on behalf of the Neighborhood Association. He stated he had just arrived due to information provided by someone at the Planning Department that this item probably would not be considered until after 6:00 p.m. The item originally had been listed in the regular agenda, but since all known issues had been worked out, it was moved to the Consent Agenda at the Commission's agenda meeting held just before the public hearing. After consultation with Stephen Giles, City Attorney, and Hugh Earnest, the Chairman of the Commission, it was decided that since he was present during the time the Commission was still in session, and considering the information that he was given about the timing of the item's probable consideration, that he could still qualify as a registered objector. That would allow him to appeal the Commission's action to the Board of Directors. 5 March 2, 2000 ITEM NO.: B (Cont. STAFF UPDATE FILE NO.: Z-6759 This issue was appealed to the Board of Directors by the objectors. At its January 4, 2000 meeting, the Board voted to refer the item back to the Planning Commission for reconsideration since, at the November 111 1999 meeting, the objectors arrived late and the Commission did not have the benefit of their input prior to making a decision. Staff sent notice of the rehearing to all owners of property located within 200 feet of the site and to those 8 persons who attended the January 4, 2000 Board meeting in opposition to the item. PLANNING COMMISSION ACTION: (JANUARY 20, 2000) The applicant was present. There were several objectors present. Since there were only 8 commissioners present, the applicant was offered the option of deferring the item. The applicant requested deferral. A motion was made to defer the item to the March 2, 2000 meeting. The motion was approved by a vote of 8 ayes, 0 noes and 3 absent. PLANNING COMMISSION ACTION: (MARCH 2, 2000) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had submitted a letter on February 24, 2000 requesting withdrawal of the conditional use permit application. The item was placed on the Consent Agenda and approved for withdrawal. The vote was 9 ayes, 0 noes and 2 absent. 6 March 2, 2000 ITEM NO.: B FILE NO: Z-6759 NAME: Velez Day Care Center - Conditional Use Permit LOCATION: 4600 Eastwood Road OWNER/APPLICANT: Sam and Julie Velez PROPOSAL: To obtain a conditional use permit for a day care center for up to 20 children at 4600 Eastwood Road on property Zoned R- 21 Single Family Residential. ORDINANCE DESIGN STANDARDS: 1. SITE LOCATION: This site is located at the southwest corner of the intersection of Vinewood and Eastwood Roads, one block south of Asher Avenue. 2. COMPATIBILITY WITH NEIGHBORHOOD: This site is Zoned R-2, Single Family Residential and contains an existing single family one story house. The surrounding zoning is also mostly R-2 and contains single family houses except for the area to the north directly across Vinewood which is Zoned 0-1, Quiet Office, and contains a church. Staff believes that since this site is on the edge of a residential area and will be a small day care center, that this use should be compatible with the neighborhood. The Westwood Neighborhood Associations was notified of the Public Hearing. 3. ON SITE DRIVES AND PARKING: There is an existing driveway from Vinewood on to this site which will remain the same. Parking for employees would be provided off site across Vinewood at the church. The applicant has provided to Staff written approval from the church for this arrangement. That March 2, 2000 ITEM NO.: B (Cont.) FILE NO.: Z-6759 arrangement would require a variance for 100% off-site employee parking. The two required drop-off parking spaces for the children would be provided on-site along the existing driveway. 4. SCREENING AND BUFFERS: This site should ,be screened from the residential property to the south. This screen would preferably be a wooden fence with its face side directed outward. 5. PUBLIC WORKS COMMENTS: 1.Vinewood and Eastwood are commercial collector streets. Dedicate right-of-way to 30 feet from centerline. 2.A 20 feet radial dedication of right-of-way is required at the corner of Vinewood and Eastwood. 3. Provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvements to these streets including 5 -foot sidewalks with planned development. Extend sidewalk on Vinewood Road. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5.Plans of all work in right-of-way shall be submitted for approval prior to start of work. 6. Show parking for employees, customers, and drop-off area. 6. UTILITY AND FIRE DEPT. COMMENTS: Water: No objection. Wastewater: Sewer available, not adversely affected. Southwestern Bell: No comments received. ARKLA: Approved as submitted. Entergy: No comments received. Fire Department: Approved as submitted. CATA: Approved as submitted. 2 March 2, 2000 ITEM NO.: B (Cont.) 7. STAFF ANALYSIS: FILE NO.: Z-6759 The applicant has requested a conditional use permit for a 20 child day care center in an existing house at 4600 Eastwood Road. The house is to be used entirely as a day-care center with no residential use. The property is Zoned R-2, Single Family Residential, and is surrounded by R-2 residential zoning and uses on three sides. To the north across Vinewood exists a church on property Zoned 0-1, Quiet Office. The center would operate from 6:00 a.m. to 6:00 p.m. Monday through Friday. No changes to the exterior of the existing house would be made. A playground and two parking spaces along the driveway for drop-off would be added to the rear yard area, along with a screening fence along the south property line. Since the house isn't being changed, no other site plan issues exist. The only other issue is the normal Public Works requirements for street improvements and dedication of right-of-way. The applicant has requested a waiver to the street improvements mainly because of the expense compared to the small operation, minimal physical site changes proposed, and the temporary time intended for the requested use. Public Works does not support the waiver. No signage variance has been requested nor additional exterior lighting shown. If any exterior lighting is installed, it must be low intensity and be directed downward and inward to the property and shielded from and not directed towards any residential area. The applicant wants to leave the property as close to it's existing residential nature as possible because their future plan is to move into a larger facility for a larger day care center and then use this property as residential again. The reason for using this in the interim is the urgent need the applicant sees for day care capability to serve families who are members of the church across the street of which the applicant is also a member. 3 March 2, 2000 ITEM NO.: B (Cont.) FILE NO.: Z-6759 The site is located on the edge of the residential neighborhood so that activity caused by the use, including traffic, would remain on the outer edge of the neighborhood. Staff believes this would be a reasonable use of this property and in its small capacity it should not adversely affect the neighborhood. 8. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit subject to compliance with the following conditions: a. Comply with the City's Screening and Buffer Ordinances. b. Comply with Public Works Comments, including installing two parking spaces as agreed to and shown on the revised site plan. Right-of-way dedication must be completed prior to occupancy by the day care operation. c. All exterior lighting installed must be low intensity and be directed downward and inward to the property and shielded from, and not directed towards, any residential area. Staff also recommends approval of the variance for 100% off-site employee parking as long as it can remain on the church property across Vinewood. Staff does not recommend approval of the waiver of street improvements. SUBDIVISION COMMITTEE COMMENTS: (OCTOBER 21, 1999) Sam Velez, the owner/applicant, was present representing his application. Staff gave a brief description of the proposal. Public Works briefly reviewed their comments. The applicant had some concerns about those requirements. It was suggested that further one-on-one discussions take place about those issues. Staff also briefly reviewed the screening requirements, and signage and parking comments to make sure the applicant understood them. 4 March 2, 2000 ITEM NO.: B (Cont.) FILE NO.: Z-6759 The applicant stated that he wished to increase the number of children to 20 and that he would address the street improvements and right-of-way issues with Public Works. There being no further issues, the Committee accepted the proposal and forwarded the item to the full Commission for final action. PLANNING COMMISSION ACTION: (NOVEMBER 11, 1999) Sam Velez was present representing the application. There were no registered objectors present at the time the item was presented as part of the Consent Agenda. Staff presented the item with a recommendation for approval subject to compliance with the conditions listed under "Staff Recommendation," paragraph 8 above. The item was placed on the Consent Agenda and approved as recommended by Staff. The vote was 9 ayes, 0 nays, 1 absent, and 1 open position. Later during the meeting, at approximately 6:00 p.m. Mike Kumpuris, President of the Westwood Neighborhood Association, contacted Staff at the meeting to check on the status of this item. He was informed that it had been approved on the Consent Agenda. He stated that he was there to oppose the item on behalf of the Neighborhood Association. He stated he had just arrived due to information provided by someone at the Planning Department that this item probably would not be considered until after 6:00 p.m. The item originally had been listed in the regular agenda, but since all known issues had been worked out, it was moved to the Consent Agenda at the Commission's agenda meeting held just before the public hearing. After consultation with Stephen Giles, City Attorney, and Hugh Earnest, the Chairman of the Commission, it was decided that since he was present during the time the Commission was still in session, and considering the information that he was given about the timing of the item's probable consideration, that he could still qualify as a registered objector. That would allow him to appeal the Commission's action to the Board of Directors. 5 March 2, 2000 ITEM NO.: B (Cont.) STAFF UPDATE FILE NO.: Z-6759 This issue was appealed to the Board of Directors by the objectors. At its January 4, 2000 meeting, the Board voted to refer the item back to the Planning Commission for reconsideration since, at the November 11, 1999 meeting, the objectors arrived late and the Commission did not have the benefit of their input prior to making a decision. Staff sent notice of the rehearing to all owners of property located within 200 feet of the site and to those 8 persons who attended the January 4, 2000 Board meeting in opposition to the item. PLANNING COMMISSION ACTION: (JANUARY 20, 2000) The applicant was present. There were several objectors present. Since there were only 8 commissioners present, the applicant was offered the option of deferring the item. The applicant requested deferral. A motion was made to defer the item to the March 2, 2000 meeting. The motion was approved by a vote of 8 ayes, 0 noes and 3 absent. PLANNING COMMISSION ACTION: (MARCH 2, 2000) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had submitted a letter on February 24, 2000 requesting withdrawal of the conditional use permit application. The item was placed on the Consent Agenda and approved for withdrawal. The vote was 9 ayes, 0 noes and 2 absent. L