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HomeMy WebLinkAboutZ-8139 Staff AnalysisMarch 15, 2007 ITEM NO.: C FILE NO.: Z-8139 NAME: Hampton Day Care Center — Conditional Use Permit LOCATION: 1602 Welch Street OWNER/APPLICANT: Dr. Reginald Hampton PROPOSAL: A conditional use permit is requested to allow conversion of the existing residential structure on this R-4 zoned lot into a day care center. 2. SITE LOCATION: The property is located on the west side of Welch Street; south of East 16th Street, east of 1-30. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area that is virtually totally residential in nature. Surrounding properties are also zoned R-4 and are occupied by single family and two family residences. Most of the structures are in good condition and are occupied. Two structures at the south end of the block are boarded although they both appear in good condition. Staff does have concerns about introducing this nonresidential use into the midst of a somewhat fragile residential neighborhood. Staff has typically supported day care family homes, where the principal use remains single family, in neighborhoods. Staff does not believe the proposed nonresidential use is compatible with the neighborhood. All owners of properties has located within 200 feet of the site, all residents within 300 feet who could be identified and the Hanger Hill and MacArthur Park Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The site currently has no on-site parking. There is a substandard parking pad in the front yard that could be widened to accommodate one vehicle. The proposed day care center is to have an enrollment of 12 children with 2 employees; requiring 3 on-site parking spaces. The applicant proposes to construct 3 parking spaces at the rear of the site, taking access off of the alley. With the one space in the front, a total of 4 parking spaces can be provided. March 15, 2007 ITEM NO.: C (Cont.) FILE NO.: Z-8139 4. SCREENING AND BUFFERS: The site must be developed in compliance with the City's Landscape and Buffer Ordinances; including screening along the north and south perimeters of the site and landscaping in conjunction with any new vehicular use area. 5. PUBLIC WORKS COMMENTS: 1. The proposed land use would classify Welch Street on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 2. Show the proposed location of all driveways and parking areas. 3. Queuing of vehicles for pick-up and drop-off of children must be done in a manner that does not cause stacking of vehicles on Welch Street. Sufficient on-site parking must be provided to prevent blocking of the thru lanes on Welch Street. 6. UTILITY. FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: No Comment received. CenterPoint Energy: No Comment received. AT&T (SBC): No Comment received. Water: No objection. Fire Department: Approved as submitted. County Planning: No Comments. CATH: The site is not located on the CATA bus route. The nearest route is located two blocks to the northwest; at College and 15th Streets. SUBDIVISION COMMITTEE COMMENT (NOVEMBER 30, 2006) The applicant was not present. Staff presented the item and noted additional information was needed regarding signage, fencing and site lighting. Staff noted the lack of parking and noted the alley would need to be improved. Staff stated 2 March 15, 2007 ITEM NO.: C (Cont. FILE NO.: Z-8139 landscaping and screening would need to be provided. Public Works comments were noted. Staff voiced opposition to any plan that resulted in vehicles having to park on Welch Street. Staff stated they would contact the applicant to address the various issues. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The R-4 zoned lot located at 1602 Welch Street is currently occupied by a 1 '/2 story, brick and frame, single family residence. A wood frame accessory building is located at the rear of the lot, at the alley. The home appears to be in very good shape and is located in a fairly stable neighborhood of mostly well-maintained residences. The applicants are requesting approval of a conditional use permit to allow conversion of the residence into a day care center with an enrollment of 12 children with 2 employees. The application has been modified from the initial submittal when enrollment was proposed as 24 children with 4 employees. The structure will be solely used for the day care; there will be no residential occupancy. Signage is proposed to consist only of a 1' X 1' wall sign on the front facade. Days and hours of operation are to be Monday through Friday, 6:00 a.m. — 6:00 p.m. A 6 -foot tall wood fence will be erected along the north and south perimeters of the property. The applicant has proposed placement of a dumpster behind the accessory building. This placement is not possible since the building is directly adjacent to the alley. No additional site -lighting is proposed. Three parking spaces are to be located at the rear of the property, off of the alley. A 5 -foot wide landscape strip will be located on the south side of the new parking. The applicant will meet with Public Works staff to determine the requirements necessary for improving the alley. The 1862 bill of assurance does not address use issues. A fenced playground will be located behind the structure. Staff has concerns about the proposed use. Although the day care is relatively small, (24 children and 2 employees) it is still a nonresidential use in a fragile residential neighborhood. There will be no residential occupancy of the structure. The day care will be the sole and principal use. Staff has typically supported day care family homes that are not much smaller than this proposed day care. The distinction is that under a day care family home, the principal use remains an occupied single family residence with the child care being an ancillary activity. The applicant did submit responses to issues raised at Subdivision Committee and has reduced the initial proposal by half. 3 March 15, 2007 IU UT,Vus] we] ffcOTOTII 9 STAFF RECOMMENDATION: Staff recommends denial of the application. =401161WAF- 91.61 PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) Staff informed the Commission that the applicant submitted a letter on December 19, 2006 requesting the application be deferred to the March 15, 2007 Agenda. Staff supported the deferral request. With a vote of 11 ayes and 0 nays, the Commission voted to waive their bylaws and accept the deferral request being less than five (5) days prior to the public hearing. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the March 15, 2007 Agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. PLANNING COMMISSION ACTION: (MARCH 15, 2007) The applicant was not present. There were no objectors present. Staff informed the commission that on March 14, 2007, the applicant had requested that the item be withdrawn. There was no further discussion. A motion was made to waive the Commission's bylaws to accept the late request for withdrawal. The motion was approved with a vote of 8 ayes, 0 noes and 3 absent. The item was placed on the consent agenda and approved for withdrawal by a vote of 8 ayes, 0 noes and 3 absent. il SUBDIVISION COMMITTEE COMMENTS NOVEMBER 30, 2006 ITEM NO.: 12. HAMPTON DAY CARE CENTER CONDITIONAL USE PERMIT _ (Z-8139) Planning Staff Comments: 1. Provide signage plan. 2. Describe height and materials of fence. 3. Will there be a dumpster? Locate trash collection area and required screening. 4. Locate and describe any proposed site lighting. 5. A day care for twenty (24) children with four (4) employees require six (6) on-site parking spaces. 6. The site plan shows four (4) parking spaces off of the alley and does not provide for any perimeter buffer or landscaping on the north side. Remove one space or request a variance, which will also require City Beautiful Commission approval. 7. Will anyone occupy the structure in addition to the day care? 8. The 1862 Bill of Assurance does not address use issues. 9. Alley will need to be paved and improved. Contact Public Works staff for details. Variance/Waivers: ■ None requested. Public Works: 1. The proposed land use would classify Welch Street on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 2. Show the proposed location of all driveways and parking areas. 3. Queing of vehicles for pick-up and drop-off of children must be done in a manner that does not cause stacking of vehicles on Welch Street. Sufficient on-site parking must be provided to prevent blocking of the thru lanes on Welch Street. Utilities and Fire Department/County Planning_ Wastewater: Sewer available to this property. Entergy: No comment received. Centerpoint Energy: No comment received. AT&T (SBC): No comment received Water: No objection. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on the CATA bus route. The nearest route is located two blocks to the northwest; at College and 15`" Streets. Planning Division: No Comments. Landscape; The site must be developed in compliance with the City's Landscape and Buffer Ordinances. Screening in the form of a six (6) foot tall opaque wood fence is required along the south and north perimeter of the site. Other: Submit responses to staff issues and four (4) copies of a revised site plan no later than Wednesday December 6, 2006.