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HomeMy WebLinkAboutZ-7669-A Staff AnalysisMay 22, 2008 ITEM NO.: 6 FILE NO.: Z -7669-A NAME: Little Angels Childcare Center — Revised Conditional Use Permit LOCATION: 5104 Baseline Road OWNER/APPLICANT: David Rector/Felicia Evans PROPOSAL: A revision to a previously approved conditional use permit is requested to allow for expansion of enrollment and hours of operation for this existing day care center. The property is zoned R-2. 1. SITE LOCATION: The site is located at the northeast corner of Baseline Road and Dreher Lane. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property has a history of use as a nonconforming use since its annexation into the City. In July 2004, the Commission granted a C.U.P. to allow use of the property as a day care center. 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 the site as a day care center is an appropriate use. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the SWLR United for Progress and Windamere Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The site currently contains one paved parking space and a nonconforming, gravel parking area. The prior C.U.P. approval included an 18 -month deferral of the requirement to construct a paved parking lot. That applicant is no longer involved. Under this proposal, this applicant proposes to expand the day care to allow an enrollment of 29 children with 5 employees; requiring 7 parking spaces. Staff has worked with the applicant to prepare a plan whereby a new, paved, 6 -vehicle parking area would be built with access off of Dreher Lane. The existing paved space will be used as a handicap parking space. May 22, 2008 ITEM NO.: 6 (Cont.) FILE NO.: Z -7669-A 4. SCREENING AND BUFFERS: Site plan must comply with the City's minimal landscape and buffer ordinance requirements. Landscaping will be required in conjunction with any new parking required on the site. The screening fence located around the property should be in good repair or be replaced in conjunction with this application. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree -covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Dreher Lane for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline. 2. A twenty foot radial dedication of right-of-way is required at the intersection of Dreher Lane and Baseline Road. 3. With any development in the future beyond this application, provide design of street conforming to the Master Street Plan. Construct one- half street improvement to Dreher Lane including 5 -foot sidewalks with planned development. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer is available to this property. Entergy: No comment received. CenterPoint Energy: No comment received. AT&T (SBC): No comment received. Water: No objection. 2 May 22, 2008 ITEM NO.: 6 (Cont.) FILE NO.: Z -7669-A Fire Department: Fire sprinklers may be required. Contact Fire Marshall at 918-3757. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (MAY 1, 2008) The applicant was present. Staff presented the item and noted little additional information was needed. Staff asked the applicant to indicate the playground area and fencing on the plan. Staff recommended use of the playground to be limited to daylight hours. In response to a question from staff, the applicant indicated the existing ground sign would remain and no new signage was planned. Staff noted a paved parking lot was required and presented a plan indicating a 6 -space parking lot, which in conjunction with the existing one paved space, would meet the parking requirement. Public Works, Utility and Landscape Comments were noted and discussed. The Committee noted there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned, .67 -acre property located at 5104 Baseline Road is occupied by a one-story, brick and frame, residential structure. The property had a history of nonconforming office use predating its annexation to the City. In July 2004, the Commission approved a conditional use permit to allow use of the property for a day care center with an enrollment of 12 children with 2 employees. The Commission approved an 18 -month deferral of the paving requirement to allow continued use of an existing gravel parking lot. Days and hours of operation were approved as Monday through Friday, 6:00 a.m. to 6:00 p.m. The prior applicant is no longer associated with the property and the current applicant is proposing to revise the conditional use permit. The current proposal is to expand the enrollment to 29 children with 5 employees and to increase the hours of operation to 6:00 a.m. until midnight, Monday through Friday. A new, 6 -space paved parking lot will be constructed with access off of Dreher Lane. The existing, paved driveway space adjacent to the structure will be utilized as a handicap parking space. No other changes are proposed. The playground is located in the rear yard area and is enclosed by a chain link fence. A 6'X 6'X 6' tall ground sign is located in the front yard. No other signage is proposed. M May 22, 2008 ITEM NO.: 6(Cont.)FILE NO.: Z -7669-A Staff is supportive of the revised C.U.P. The property is located on an arterial street in an area of mixed uses. A nonconforming auto repair garage is adjacent to the north. A nonconforming commercial building 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 use is compatible with uses in the area. Staff is supportive of a continued variance from the screening requirement on the north and east perimeters. Although those adjacent properties are zoned R-2, they are occupied by commercial uses. The 1911 bill of assurance for Gloeckler Acres does not address use issues. STAFF RECOMMENDATION: Staff recommends approval of the requested revised conditional use permit subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda Staff Report. 2. Use of the playground is to be limited to daylight hours. 3. The new, 6 -space parking lot is to be paved and landscaped to comply with applicable code standards. Staff recommends approval of a variance from the screening requirement on the north and east perimeters of the site. PLANNING COMMISSION ACTION: (MAY 22, 2008) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions noted in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved by a vote of 10 ayes, 0 noes and 1 absent. 0