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HomeMy WebLinkAboutZ-7333 Staff AnalysisJanuary 9, 2003 O.: 10 _ FILE NO.: Z-7333 NAME: Gamble Day Care Center — Conditional Use Permit LOCATION: 706 Nix Road OWNER/APPLICANT: Richard and Susanne Gamble PROPOSAL: A conditional use permit is requested to allow for conversion of this existing, R-2 zoned residence into a day care center. ORDINANCE DESIGN STANDARDS: SITE LOCATION: The property is located on the west side of Nix Road, between Arthur and Laurel Oaks. 2. COMPATIBILITY WITH NEIGHBORHOOD: The properties immediately around this site are exclusively single family, although the larger neighborhood does contain other uses. Recently approved PDO's are located to the south, rear Kanis Road. A large multifamily development is located several blocks to the north, at Markham Street. A cellular tower is located to the southeast, across Nix Road. Staff does have concerns about introducing this use at this location. The proposal is not a day care family home where the primary use of the structure remains residential. The proposed use is a 35 -child day care with no occupancy of the residence. In staff's opinion, the use would be better located several blocks to the north or south, at Kanis or Markham, not in the heart of this residential neighborhood. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Parkway Place and Gibralter Heights Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The proposed day care is to have 4 employees and a capacity of 35 children; requiring 7 on-site parking spaces. The applicant proposes to modify the existing driveway by creating a circle for drop-off and stacking. Nine parking spaces are proposed. The applicants are requesting that they be permitted to utilize gravel for the parking and driveway, rather than January 9, 2003 ITEM NO.: 10 (Cont.) FILE NO.: Z-7333 paving them. If the Commission approves that variance, the driveway should be paved for a distance of 50 feet from the street to prevent gravel being dragged into the street. 4. SCREENING AND BUFFERS: The plan submitted needs clarification concerning areas to be used for vehicular use and for buffers 'and landscaping. The plan will need to be drawn to scale before a detailed review can be given. The buffer along the northern perimeter is required to have a width of not less than nine (9) feet. A six (6) foot high wood fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern, southern and western perimeters of the site. Curb and gutter, or another approved border will be required to protect landscape areas from vehicular traffic. 5. PUBLIC WORKS COMMENTS: 1. The proposed use would classify Nix Road on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 2. Provide design of street conforming to the Master Street Plan for a minor commercial street. Construct one-half street improvement to these streets including 5 -foot sidewalks with planned development. 3. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer main extension required with easements if service is required for project. Entergy: No Comments received. Reliant: No Comments received. Southwestern Bell: Approved as submitted. Water: Does not have water service but it is available. Capital Investment Charges apply based on the size of the meter in addition to normal charges. 2 January 9, 2003 ITEM NO.: 10 (Cont. Fire Department: Approved as submitted. County Plannin : No Comments received. CATA: No Comments received. SUBDIVISION COMMITTEE COMMENT: FILE NO.: Z-7333 (DECEMBER 12, 2002) Susan and Richard Gamble were present, representing the application. Staff briefly described the proposed day care use, noting that additional information was needed (number of children and employees, sign plan, hours of operation, etc.). Susan Gamble described the proposed day care/early childhood learning center use. She noted that there would be no more than 35 students. The issues associated with parking were briefly discussed. Staff noted that the parking needed to be revised, providing the appropriate number of parking spaces and maneuvering area. Staff also noted that a variance needed to be requested to allow gravel parking. The Gambles discussed providing a circular drive with parking. Mike Hood, of Public Works, noted that the circular drive could have only one (1) entrance/exit, as the property was not wide enough for two drives. Mr. Hood briefly explained the Public Works requirements to the applicants. Bob Brown, of the Planning Staff, reviewed the landscaping and screening requirements with the applicants and Committee. The applicants described the existing landscaping/screening which exists on the property. Commissioner Faust asked the Gambles if they had notified their neighbors. Mr. Gamble indicated that some of the neighbors have been contacted about the proposed day care, and that others would be contacted. After the discussion, the Committee forwarded the application to the full Commission for resolution. STAFF ANALYSI The R-2 zoned, 2 -acre tract located at 706 Nix Road is occupied by a 2,880 square foot, one-story, brick and frame, single-family residence. The applicants are requesting approval of a conditional use permit to allow for conversion of -the home into a day care center. There would be no residential occupancy of the structure, if approved. The day care is proposed to have a capacity of 35 3 January 9, 2003 ITEM NO.: 10 (Cont. FILE NO.: Z-7333 children with 4 employees. Hours of operation are proposed to be Monday - Friday, 7:00 a.m. — 6:00 p.m. A fenced playground area will be located behind the house. The property currently has a gravel driveway. The applicants propose to modify the driveway by constructing 9 parking spaces and creating a circle to provide drop-off/stacking space. The existing driveway will be modified at the street to allow two-way traffic. The applicants are requesting a variance to allow use of gravel for the driveway and parking in lieu of pavement. No signage is proposed. Staff does have concerns about the proposed day care center. The subject property is located in an exclusively single family neighborhood. Access to the site is gained via Nix Road which, at the north end, is so narrow that traffic warning signs are posted. The proposed use is not a "day care family home" where the property retains its residential character and the operator lives in the residence. The applicants propose to convert the structure into a day care center with no continued residential use. Staff has concerns that the use is not compatible with the neighborhood. The day care center would be better located further to the north or south, at Kanis or Markham, rather than in the "heart" of the neighborhood. Particular issues such as signage and the proposed use of gravel for the driveway and parking can be discussed if the Commission is inclined to approve the application. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (JANUARY 9, 2003) Richard and Susanne Gamble were present, representing the application. There was one (1) person present in opposition. Staff briefly described the proposed conditional use permit, with a recommendation of denial. Susanne Gamble addressed the Commission in support of the application. She described the proposed school use and how she proposed to operate the school. She described other non-residential uses in the general area. Richard Maddox addressed the Commission in opposition to the proposed conditional use permit. He noted that he lived near the end of Burkwood Drive and adjacent to the proposed school site. He expressed concern with the amount of traffic that would be generated on Nix Road by the school use. He stated that the property should remain single family residential. 4 January 9, 2003 ITEM NO.: 10 {Cont.} . _ FILE NO.: Z-7333 Vice -Chairman Rahman asked if the use would be a day care or a school. Mrs. Gamble explained that it would be a school. Vice -Chairman Rahman stated that a day care would serve an immediate neighborhood, but a school would have people coming from a much broader area. There was a brief discussion regarding the number of children proposed for the school use. Commissioner Faust commented that the proposed school use was not appropriate for this area. This issue was briefly discussed. Commissioner Allen also commented that this was not an appropriate location for the proposed school use. There was further discussion related to the proposed school use and the proposed location along Nix Road. There was a motion to approve the conditional use permit, with further discussion of conditions if the motion passed. The motion failed by a vote of 0 ayes, 10 nays and 1 absent. The application was denied. 5