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Home My WebLink About2141-P DATE: August 20, 2012 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow a child day care in an RS (Single Family Dwelling) District FILE: 2141-P STAFF REPORT The Planning Manager recommends approval subject to the following conditions: 1. The number of children kept for compensation shall not exceed five children under the age of sixteen at any one time. 2. If the specific use permit is approved, Ms. Brown must apply for a certificate of occupancy. Prior to the issuance of the certificate of occupancy, Ms. Brown must comply with all of the required codes of the City of Beaumont; 3. An 8' tall wood screening fence shall be installed along the east and south sides of the play yard (where the chain link fence now exists) and with a modification to the landscaping/screening requirements along the north, east and south property lines (8' tall wood screening fence along the north, east and south sides of the play yard and no 10' wide landscape strip along the north and south sides of the property). Back in 2010, home-based day cares became an issue, when it was determined that many were operating with more than five children, with a State permit, but not meeting Fire, Building and Health codes. At that time, local codes were amended to relax the requirements, provided that any new home-based day facility, caring for more than five children would be required to obtain a specific use permit. This specific use permit would allow for Commission and City Council review, as well as notification of neighbors. Shukia Brown, the property owner, has applied for a specific use permit to allow a child day care in an RS (Residential Single Family Dwelling) District. The property is located at 1450 W. Lucas Dr. Approximately two months ago, Ms. Brown asked staff if she would be allowed to operate a child day care at her home at 1450 W. Lucas Dr. She was told that to meet the Zoning Ordinance=s STAFF REPORT continued definition of a home occupation, she must limit the number of children for which she receives compensation to no more than five. Not until later did staff realize that Ms. Brown was registered by the State of Texas. The Zoning Ordinance requires that when a child day care facility is registered or licensed by the State, a specific use permit is required. At that time, Ms. Brown was informed that a specific use permit would be required to continue operating. The Zoning Ordinance=s definition of a home occupation includes the keeping of up to five (5) children under the age of sixteen (16) apart from their parents, guardians or custodians for regular periods of time for compensation, provided that the total number of children under the age of sixteen (16) years on the premises at any one time, including those kept without compensation and those who reside on the premises, shall not exceed eight (8). If a child care facility meets that definition and is not registered or licensed by the State of Texas, it is allowed by right as a home occupation in an RS (Single Family Dwelling) District. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 23 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the N 2 of Lot 10 and all of Lot 11, Block 9, Calder Highlands Addition, City of Beaumont, Jefferson County, Texas, containing 0.38 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE) Application Application is in is not in Comments Compliance Compliance Attached CONDITIONS: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and X X 8. That the proposed use is in accordance with the Comprehensive Plan. X ANALYSIS continued This application is in conformance with seven of the eight conditions necessary for approval. Comments on Conditions 4 and 7 follow: 4. The subject property has two driveway entrances and the house is surrounded by a circular driveway. The property has ample space for the dropping off and picking up of children. West Lucas Drive is classified as a secondary arterial with a 4 lanes of traffic on a 44' wide pavement. The street is built to handle far more traffic than the day care center might generate. 7. A existing concrete drive encircles the house and a large concrete pad abuts the north property line. An existing 8' tall wood screening fence abuts the north side of the concrete pad. An existing 6' tall chain link fence encloses a play yard on the east and south sides of the play yard. The east property line is heavily wooded. Ms. Brown is asking for a modification to the landscaping/screening requirements. She would like to keep the existing landscaping and fencing that she has now. The Planning Manager is recommending that an 8' tall wood screening fence be installed along the east and south sides of the play yard (where the chain link fence now exists). This screening fence would help abate any noise issues that might arise. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Shukia Brown PROPERTY OWNER: Same LOCATION: 1450 W. Lucas Drive EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0.38 acres, more or less EXISTING LAND USES: Single family dwelling FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family Dwelling) District EAST: Residential RS SOUTH: Residential RS WEST: Residential RS GENERAL INFORMATION/PUBLIC UTILITIES continued COMPREHENSIVE PLAN: Stable Area STREETS: West Lucas Drive - Secondary arterial with a 60' wide right-of-way and a 44' pavement width DRAINAGE: Curb and gutter WATER: 8" and 18" water lines SANITARY SEWER SERVICE: 12" water line PROPERTY OWNERS BOUDREAUX BOBBIE (LIFE ESTATE) BYROM CLAYTON BYROM CLAYTON R FRONCZEK WILLIAM G CYNTHIA W LUCAS GARBARINO DANIEL PAUL JR & PIPER ANN GEWIN BILLY K & CHARLOTTE L HALE MARK ANTHONY & SULYN A HOLST GILES B & ROBERTA M HOLTON ERIC E & DOREE LYNN HUGHES CON ROY JR & BERTIE LEE IBARRA JOSE ALEJANDRO ET UX JENSEN ERIK L & DEBRA JORDAN CARL CAREY JR & SAMIA Y NEILD ANDREA NEILD THOMAS B NEILD TOM PALERMO JOSEPH MICHAEL & BRYANNE SHORT PALERMO PFLEEGOR BRAD SHELTON LEON H JR ET UX SPENCER BARNEY JR SUMMERS MARK J VALENCIA DANIEL & REBECCA DATE: October 15, 2012 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for an amended specific use permit to allow a child day care in an RS (Single Family Dwelling) District FILE: 2141-P STAFF REPORT The Planning Manager recommends approval. On August 28, 2012, City Council approved a specific use permit to allow a child day care at 1450 W. Lucas subject to the following conditions: 1. The number of children kept for compensation shall not exceed five children under the age of sixteen at any one time. 2. If the specific use permit is approved, Ms. Brown must apply for a certificate of occupancy. Prior to the issuance of the certificate of occupancy, Ms. Brown must comply with all of the required codes of the City of Beaumont; 3. An 8' tall wood screening fence shall be installed along the east and south sides of the play yard (where the chain link fence now exists). On September 4, 2012, Shukia Brown received her certificate of occupancy. Staff gave Ms. Brown three weeks to come into compliance with the fencing requirement. She installed the fence along the east side of the play yard but not on the south side as required. Ms. Brown presented staff with a letter from Bobbie Boudreaux, the property owner to the south, stating that the child day care did not bother her and requested that the fence along the south side of the play yard not be installed. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 23 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the N 2 of Lot 10 and all of Lot 11, Block 9, Calder Highlands Addition, City of Beaumont, Jefferson County, Texas, containing 0.38 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE) Application Application is in is not in Comments Compliance Compliance Attached CONDITIONS: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and X X 8. That the proposed use is in accordance with the Comprehensive Plan. X ANALYSIS continued This application is in conformance with seven of the eight conditions necessary for approval. Comments on Condition 7 follow: 7. The Planning Manager recommends that the 8' tall wood screening fence along the south side of the play yard not be installed.. The property owner to the south has requested that the fence not be installed on the south side of the play yard. Ms. Boudreaux states that the houses are fairly close together and she would prefer that the chain link fence remain and no additional fence be installed. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Shukia Brown PROPERTY OWNER: Same LOCATION: 1450 W. Lucas Drive EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0.38 acres, more or less EXISTING LAND USES: Single family dwelling FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family Dwelling) District EAST: Residential RS SOUTH: Residential RS WEST: Residential RS COMPREHENSIVE PLAN: Stable Area STREETS: West Lucas Drive - Secondary arterial with a 60' wide right-of-way and a 44' pavement width DRAINAGE: Curb and gutter WATER: 8" and 18" water lines GENERAL INFORMATION continued SANITARY SEWER SERVICE: 12" water line PROPERTY OWNERS BOUDREAUX BOBBIE (LIFE ESTATE) BYROM CLAYTON BYROM CLAYTON R FRONCZEK WILLIAM G CYNTHIA W LUCAS GARBARINO DANIEL PAUL JR & PIPER ANN GEWIN BILLY K & CHARLOTTE L HALE MARK ANTHONY & SULYN A HOLST GILES B & ROBERTA M HOLTON ERIC E & DOREE LYNN HUGHES CON ROY JR & BERTIE LEE IBARRA JOSE ALEJANDRO ET UX JENSEN ERIK L & DEBRA JORDAN CARL CAREY JR & SAMIA Y NEILD ANDREA NEILD THOMAS B NEILD TOM PALERMO JOSEPH MICHAEL & BRYANNE SHORT PALERMO PFLEEGOR BRAD SHELTON LEON H JR ET UX SPENCER BARNEY JR SUMMERS MARK J VALENCIA DANIEL & REBECCA