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HomeMy WebLinkAbout2143-P DATE: September 17, 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 (Residential Single Family Dwelling) District FILE: 2143-P STAFF REPORT The Planning Manager recommends approval subject to the following condition: 1. If the specific use permit is approved, Ms. Savoy must apply for a certificate of occupancy. Prior to the issuance of the certificate of occupancy, Ms. Savoy must comply with all of the required codes of the City of Beaumont and with the modification to the landscaping/screening requirements along the north, south and west property lines (4' tall chain link fence and no 10' wide landscape strip). Rhonda Savoy 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 8375 Homer. Ms. Savoy states that she owns Zippity Zebra Licensed Child Day Care Home. Several years ago, Ms. Savoy operated a child care in her home at 8375 Homer. She is now seeking a specific use permit to reopen a child care facility for up to twelve children. Based upon the parents= needs, the day care facility will typically operate Monday - Friday, 6 a.m. to 6 p.m. Evening care will run from 6 p.m. to 6 a.m. Ms. Savoy will provide 24 hour care on weekends and all school holidays. An additional employee will assist Ms. Savoy when six or more children are on the premises. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 26 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the South 65' of Lot 14, Block 10, Suburban Acres Unit 2, City of Beaumont, Jefferson County, Texas, containing 0.29 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 all eight conditions necessary for approval. Comments on Condition 7 follow: 2. The back and side yards are enclosed with a 4 foot tall chain link fence. Ms. Savoy is requesting a modification to the landscaping/screening requirements along the north, south and west property lines. Ms. Savoy states that she does not want to install a privacy fence. She says that she operated a day care before without a privacy fence and does not feel that the day care created a problem with the neighbors. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Rhonda Savoy PROPERTY OWNER: Same LOCATION: 8375 Homer EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0.29 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: Homer Street - Local street with a 60' wide right-of-way and a 26' pavement width DRAINAGE: Curb and gutter WATER: 8" water line GENERAL INFORMATION continued SANITARY SEWER SERVICE: 6" sanitary sewer line PROPERTY OWNERS BAKER LOLA M BRAMMER DAVID L COLEMAN MINNIE A CORMIER ROY J JR & CORELL CORONA JULIE A CORTES FLORENCIA R CROSS JACQUELINE & MICHAEL ANTHONY DEASON WOODSON JR ET UX DECUIR MARY R DELAFOSSE LULA MAE DONEGHY REGINALD C & DEMARRIS DRAIN DAMIEN R FONTENOT VENTRUS B SR & LATONJA G & L DEVELOPMENT LTD GREEN-DERRY TIFFANY JONES HERBERT L JR & CHARLIE M KRIEGEL SHIRLEY MCCLURE LARRY J JR & JOHNSON JESSIKAY MTW PROPERTY LLC RICHARD CHARLES K RICHARD CHARLES KEVIN & ANGELA MARCELA SAVOY RHONDA SCHAVER JULIA BELL SPARROW MICHELLE L WASHINGTON THOMAS JR