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HomeMy WebLinkAbout2039-P DATE: July 19, 2010 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 care facility in an RS (Residential Single Family Dwelling) District FILE: 2039-P STAFF REPORT The Planning Manager recommends approval subject to the following conditions: 1. The number of outside employees shall be limited to one (1). 2. The total number of children to be cared for shall not exceed twelve (12). Tiffany Smith has applied for a specific use permit to allow a child care facility in an RS (Residential Single Family Dwelling) District. The property is located at 2410 Louisiana. Upon receiving a complaint in 2007, the City of Beaumont Community Development Department investigated and found Ms. Smith operating a child care facility with up to eleven children. At that time, she was informed that since she was in an RS District and she could not exceed eight children as allowed under the home occupation definition. Ms. Smith agreed that she would limit the number of children under her care and also remove the sign that she had in the front of her home. In April, 2010, the City again investigated a complaint concerning Ms. Smith=s operation of a child care facility. At that time, it was found that Ms. Smith was keeping up to twelve children. Ms. Smith informed the City that she was licensed by the State of Texas to care for up to twelve children. Ms. Smith was again informed that she would either have to come into compliance with the Zoning Ordinance or ask for a zone change and a specific use permit. In May, Ms. Smith made application for a zone change to RM-H and a specific use permit to allow her child care facility. However, that application was put on hold until the City Council could consider an ordinance amendment to allow child care facilities in the RS District with a specific use permit. In June, City Council approved an amendment to the Zoning Ordinance that permits child care facilities in the RS District with a specific use permit. Ms. Smith states that she operates a 24-hour child care that is licensed with the Texas Department of Family and Protective Services (TDFPS) as a Child Care Home to care for up to 12 children at any one time. She states that her facility provides both daytime child STAFF REPORT continued care and evening and overnight child care. Daytime child care hours are from 7:00 a.m. to 5:30 p.m., Monday through Friday. Drop off times are staggered between 7:00 a.m. to 8:30 a.m. Pick up times are staggered between 4:30 p.m. to 5:30 p.m. Evening and overnight drop off times are staggered from 5:30 p.m. to 6:30 p.m. and 9:00 p.m. to 9:30 p.m. Weekend services are available on a limited basis to the weekday evening and overnight clients. Eight families with 11 children are served in the daytime. Five families with 7 children are served in the evenings, overnight and on limited weekends. Ms. Smith states that the child care facility is run by herself, her husband Kevin and an assistant. She says that the child care facility has been in operation for 6 years. While she has a State of Texas license to operate, she has never received the proper authorization from the City of Beaumont. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 17 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 25-26, Block 10, Emma Reed Addition, City of Beaumont, Jefferson County, Texas, containing 0.34 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 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. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Tiffany Smith PROPERTY OWNER: Same LOCATION: 2410 Louisiana EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0.34 acres, more or less EXISTING LAND USES: Residence/child care facility 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: Park RS SOUTH: Residential RS WEST: Residential RS COMPREHENSIVE PLAN: Stable Area STREETS: Louisiana Street - Local street with a 60' wide right-of-way and a 20' pavement width; Eighth Street - Local street with a 60' wide right-of-way and a 20' pavement width DRAINAGE: Open ditch WATER: 6" water line SANITARY SEWER SERVICE: 6" sanitary sewer line PROPERTY OWNERS ALLISON KIMBERLY R & BRANDON L BANCO POPULAR NORTH AMERICA BAXSEN PROPERTIES LLC BRINTON PROPERTIES D P RENTALS INC DAVIS MARK L & KELLY B GONGER AARON R GRACE DEMETRIA D HERNANDEZ GAIL D KELLEY CHARLES PATRICK JR KIRCHMER NANCY A ESTATE TRUST LANE ERNEST NEWELL ERIC PIGFORD AGNES LAWSON ESTATE % SCOTT PIGFORD RISINGER BURON WAYNE SMITH KEVIN & TIFFANY N TYLER NANCY A