Loading...
HomeMy WebLinkAboutZ-7669 Staff AnalysisJuly 29, 2004 ITEM NO.: 17 FILE NO.: Z-7669 NAME: Chapple Day Care Center — Conditional Use Permit LOCATION: 5104 Baseline Road OWNER/APPLICANT: David Rector/Lakeysha Chapple PROPOSAL: A conditional use permit is requested to allow use of the residential structure on this R-2 zoned lot as a day care center. The property has a history of use as nonconforming offices. 1. SITE LOCATION: The property is located at the northeast corner of Baseline and Dreher. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site has a history of use as a nonconforming office. The property is located on an arterial street in an area of mixed uses; including an auto repair business, a beauty school, an electrical contractor's office, a church and several multifamily developments. The use of this site as a day care center is compatible with uses in the area. All owners of property located within 2.00 feet of the site, all residents within 300 feet who could be identified and the SWLR United for Progress, Upper Baseline and Windamere Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The property has a nonconforming, gravel parking lot with access off of Dreher Lane. The proposed day care center is to have an enrollment of 12 children, with 2 employees; requiring 3 on-site parking spaces. The applicant has agreed to realign the parking on the existing parking area so that vehicles enter and exit the property in a forward motion and do not back into Dreher Lane. 4. SCREENING AND BUFFERS: The playground area must be screened from the adjacent residential properties to the north and east. This can be accomplished with a 6 -foot high opaque wooden fence with its face side directed outward. Staff supports a variance from this requirement. July 29, 2004 ITEM NO.: 17 (Cont. FILE NO.: Z-7669 If a new parking area is to be developed, then it must be properly screened and landscaped according to ordinance standards. 5. PUBLIC WORKS COMMENTS: 1. The proposed land use would classify Dreher Lane on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 2. Any future construction would be subject to the Boundary Street requirements of Section 30. Construction of one-half street improvement to Dreher Lane would be required including curb, gutter, and 5 -foot sidewalks. 3. Show the proposed location of all driveways to parking areas. Driveway width is limited to 36 feet for a commercial driveway. 4. Queuing of vehicles for pick-up and drop-off of children must be done in a manner that does not cause stacking of vehicles back to Baseline Road. 6. - UTILITY. FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely. affected. Entergy: Approved as submitted. CenterPoint Energy: No Comments received. Southwestern Bell: Approved as submitted. Water: No objection. Fire Department: Age of children may require the building to be sprinkled; contact the Fire Marshall's office at 918-3700. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT (JULY 8, 2004) The applicant was present. Staff presented the item and noted additional information was needed regarding site lighting and signage. Staff stated a K July 29, 2004 ITEM NO.: 17 (Cont. FILE NO.: Z-7669 screening fence was required on the north and east perimeters of the playground and use of the playground should be limited to daylight hours. Public Works, Landscape and Utility Comments were noted. The applicant was advised to contact the Fire Marshall's office regarding the possible need to install sprinklers. The applicant stated she wished to utilize the existing parking area but would realign the parking so that no vehicles backed out into Dreher Lane. The applicant was advised to respond to staff issues by Wednesday, July 14, 2004. The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned, .67 acre property at 5104 Baseline Road is occupied by a one- story, brick and frame, residential structure. The property has a nonconforming status for use as offices. Most recently, the property was occupied by a real estate firm. The applicant proposes to convert the structure into a small day care center with an enrollment of 12 children and two employees. Although -the proposed dlay care is a small business, staff perceived the change in use as an increase in intensity and, thus not permitted under the site's nonconforming status. The property is not covered by a valid bill of assurance. The day care is to operate Monday through Friday, 6:00 a.m. to 6:00 p.m. A playground will be constructed behind the structure. A 4 foot tall chain link fence will enclose the playground. A 4'X 6'X 6' tall ground mounted sign will be placed in the front yard. The site has a gravel parking area and a concrete paved driveway off of Dreher Lane. The applicant proposes to utilize the existing parking and driveway. Vehicles will be parked so that no vehicles will back out onto Dreher Lane. No other changes are proposed to the site. Security lighting will be placed over each entrance. Use of the playground will be limited to daylight hours. Staff is supportive of the requested conditional use permit. The property is located on an arterial street in an area of mixed uses. A nonconforming auto repair garage is located adjacent to the north. A nonconforming commercial building containing a beauty school is adjacent to the east. A nonconforming electrical contractor's office is located across Dreher Lane, to the west. A church is located across Baseline Road, to the south. The proposed use is compatible with uses in the area. The applicant is proposing to use the property basically "as is". 3 July 29, 2004 NO.: 17 (Cont.) FILE NO.: Z-7669 Staff is supportive of a variance from the requirement to install screening on the north and east perimeters of the playground area. Although those adjacent properties are zoned R-2, they are occupied by nonresidential uses. STAFF RECOMMENDATION: Staff recommends approval of the application subject to compliance with the following conditions: 1. Compliance with the comments and conditions in Sections 4, 5 and 6 of the staff report. 2. Use of the playground is to be limited to daylight hours only. 2. The existing parking area is to be realigned so that vehicles enter and exit the property in a forward motion and do not back into Dreher Lane. 3. There is to be no direct access from this site to Baseline Road. Staff recommends approval of a variance from the requirement to install a screening fence on the north and east perimeters of the proposed playground area. PLANNING COMMISSION ACTION: (JULY 29, 2004) The applicant was present. There were several interested parties present. Staff presented the item and a recommendation of approval. Staff informed the Commission that the Upper Baseline Neighborhood Association had voted to support the proposed day care. Staff informed the Commission that the neighborhood association had expressed concern about allowing continued use of the gravel driveway and Ms. Chapple was prepared to respond. Lakeysha Chapple, the applicant, stated she had amended her application to allow for use of the gravel driveway for a period not to exceed 18 months. She stated she had checked the cost of paving and found it to be $2,500 - $3,000. Pat Gee, president of the Upper Baseline Neighborhood Association, stated the association did support the day care. She stated the association wanted to see the parking paved and the parking designed so that vehicles did not back into Dreher Lane. Troy Laha, of 6602 Baseline Road, stated the day care was located in an appropriate site. He stated an 18 -month deferral of the paving requirement was too long. 4 July 29, 2004 ITEM NO.: 17 (Cant.) FILE NO.: Z-7669 Janet Berry, president of SWLR United for Progress, also stated an 18 -month deferral of the paving requirement was too long. Jane Harrison, of 8617 Crofton Circle, stated she agreed with the previous speakers. Dana Carney, of the Planning Staff, stated the site was nonconforming and an office use could occupy the site, as is. He stated it was appropriate to allow this small day care center time to complete the paving. Mr. Carney stated staff supported the 18 -month deferral. A motion was made to approve the item as amended and subject to compliance with the comments and conditions in the "Staff Recommendation". The motion was approved by a vote of 9 ayes, 0 noes and 2 absent. 5