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HomeMy WebLinkAbout1724-ZPDATE: June 21, 2004 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager Ulh SUBJECT: Consider a request for a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling -Medium Density) District and a specific use permit to allow a 12 child day care. FILE: 1724-Z/P The Planning Manager recommends denial of this request. David and Paula Granger, the property owners, wish to operate a day care center for a maximum of 12 children in their home at 4345 Cadillac. The property is currently zoned RS. As such, a day care center is not permitted. The Zoning Ordinance defines a child day care center as "any place, home or institution which cares for four or more children under the age of sixteen years apart from their parents, guardians or custodians for regular periods of time for compensation ...... The most restrictive district that permits a child day care center is RM-M. However, to rezone this property to RM-M could constitute spot zoning. In order to determine spot zoning the Planning Commission and City Council must determine the following: The law demands that the approved zoning plan should be respected and not altered for the special benefit of the landowner when the change will cause substantial detriment to the surrounding land or serve no substantial public purpose. Would the zone change be in compliance with the adopted comprehensive plan? The comprehensive plan designates this area as stable. A stable area is generally characterized by good to excellent structural conditions and neighborhoods that are free from blighting influences such as incompatible land uses. The subject property consists of two 50'x 125' lots. While the accompanying request is for a child day care center, conceivably, the property could accommodate 5 apartment units or a residential care facility by right. STAFF REPORT continued 2. Will this change adversely impact the surrounding properties? The nature and degree of an adverse impact upon neighboring lands is important, Lots that are rezoned in a way that is substantially inconsistent with the zoning of the surrounding area, whether more or less restrictive, are likely to be invalid. All the surrounding properties are zoned RS and developed with single family residences. Rezoning this property to RNI-M would be inconsistent with the surrounding zoning. 3. Is the tract of land suitable or unsuitable for use as presently zoned. This is a factor. The size, shape and location of a tract of land or lot may render it unusable or even confiscatory as zoned. The purpose for the rezoning is to allow the operation of a child day care center in a residential structure. To allow the current use, the property is zoned properly. 4. Does the proposed zone change bear a substantial relationship to the public health, safety, morals or general welfare or protect and preserve historical and cultural place and areas. The amendatory ordinance must bear a substantial relationship to the aforementioned considerations. The requested zone change does not. If the property is rezoned and the specific use permit is granted, the Traffic Manager is requiring that all drop-off and pick -Lip be done off-street. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 27 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 3 and 4, Block 4, Pear Orchard Estates, City of Beaumont, Jefferson County, Texas, containing 0.28 acres, more or less. Dear Planning Commission & City Council, The purpose of this letter is to give a detailed, description of activities, operations, and future plans of property. Most people would call me a babysitter for keeping children in my home. I have yet to sit on a baby that I have kept. I am a Child care Provider. My goal in receiving a specific use permit for a licensed child care in my home is to provide parents with quality care in a safe, comfortable, loving, learning environment. This will be accomplished by ensuring that all minimum standards of childcare licensing & city ordinances are followed. We want the children in our care to have a meaningful experience when they come, so we will provide opportunities to enhance each developmental need. This includes small and large muscle development, language development, social/emotional development, thinking skills, sensory development, and independence. Age appropriate activities will be furnished for the whole time that kids are in our care. We will also have low shelving for easy reach and independence. Each child will be given a drawer to place there belongings. Health and safety practices will be enforced daily. A carbon monoxide and smoke detector is installed and are tested monthly to make Sure they are working properly. We will also practice monthly fire drills. The children will have fun with arts and crafts, computer time, and board games. The kids will also enjoy going to learning centers, which will include our book center, puzzle and puppet center, dress up & housekeeping center, block center, writing & art center. We will spend some of our time reading, painting, singing songs, dancing and playing. Breakfast, lunch, & snack will be provided. Kids are supplied with nice, soft mats for nap time. Children will go outdoors for 45 minutes to I hour for supervised playtime, Outdoor Prluipment will consist of climbing structures, swings, pushing and riding toys, and balls of all sizes. The play -a is fenced to ensure the safety of each child. School -aged kids will have an area provided for them for homework and study time. Infants will be given opportunities for reaching, grasping, pulling -up, crawling, and walking through out the day. They will have a chance to exercise visual, big and small muscles, hearing, and sensory. Infants will sleep in cribs for there naps. Rattles, teething rings, grasping and shaking toys, squeezing and textured toys, musical and sounding toys, and soft washable books will be provided. Blankets for floor time, play gyms, swings, supportive equipment, soothing music will also be supplied. Child care licensing allows licensed childcare homes to have a total of 12 kids, depending on the ages and child/caregiver ratio. They require a person to have 30 square feet of indoor useable activity space for each child in care and 80 square feet of outdoor useable space. The area we will be keeping the children indoors measures 440 square feet. The area the infants will utilize measures 132 square feet. The outdoor play ground area measures more than 80 square feet. We believe that our property is in concordance with the majority of the specific use eight conditions. We also believe that because the property we will be using is also our home, we will have no other future plans except to live in harmony with everyone around us. Sincerely, 'la and David Granger ZONING ORDINANCE - SPECIFIC USE EIGHT CONDITIONS Condition #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; Response to Condition #1: We are certain that the specific use, which is to provide quality childcare in a safe and nUturing environment, will meet this condition to the fullest extent. Abudant Blessings Childcare intends to be respective in every way to our neighbors and their property values. The specific use of this home daycare will be non -diminishing, non -injurious, and non-impairative to other nearby properties. Most of the specific use time will be spent indoors, however when children are outdoors, they will always be supervised by an adult in a fenced in area, Condition #2: That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Response to Condition #2: Since there are no surrounding vacant properties at this time near this location, we feel that this condition is met. However, if any surrounding properties do become vacant in the future, Abundant Blessings Childcare will not impede the normal and orderly development and improvement of such mentioned. --------------------------------------------------------------------------------------------------- Condition #3: That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; Response to Condition #3: Abundant Blessings Childcare intends to comply with the recommendations given by the city of Beaumont Transportation department, with regards to parking and traffic control. We feel that the specific use of a home daycare may not require the additional drainage and/or utilities that other types of businesses may require, --------------------------------------------------------------------------------------------------- Condition #4: The design, location and arrangement of all driveways and parking provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development; Response to Condition #4: We do feel that the design, location and arrangement of all driveways and parking does provide for the safe and convenient movement of vehicles and pedestrians at this time. The general public and adjacent development will not be adversely affected. But again, if the transporation department of Beaumont does recommend that we make adjustments to existing driveways, then we intend to comply. Please refer to attached site plan to see a sketch of existing driveways. Condition #5: That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, Response to Condition #5: Due to the nature of a home daycare, most of these nuisances have already been or will be prevented. We want a safe environment for our children, therefore, fumes, offensive odors, dust, and vibrations will not be tolerated, Abundant Blessing Childcare does plan to ensure that the noise level is not a distraction to our neighbors. Playtime spent outdoors will be limited to fourty-five minutes to one hour per day (weather permitting). --------------------------------------------------------------------------------------------------- Condition #6: That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; Response to Condition #6: Abundant Blessings Childcare does not plan to use directional lighting. --------------------------------------------------------------------------------------------------- Condition #7: That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; Response to Condition #7: We feel that there is sufficient landscaping and screening at this time to insure harmony and compatibility with adjacent property. For example, there is shrubery in the front of our property. Also, there is a ten foot private wood fence surrounding the back yard and a four foot chain link fence surrounding a portion of the side driveway. See site plan for more sketching. --------------------------------------------------------------------------------------------------- Condition #8: That the proposed use in accordance with the Comprehensive Plan. Response to Condition #8: We have not been fully informed of the Comprehensive Plan, but the specific use VAII maintain the stability of the surrounding areas. JA 0 00 to, 47 LA �40 0 I M-1 40 FILE 1724-Z/P Request for a zone change from RS (Residential Single Family NORTH 0 Dwelling) to RM-M (Residential Multiple Family Dwelling - Medium Density) with a specific use permit to allow a 12 child day care. Location: 4345 Cadillac Lane SCALE Applicant; Abundant Blessings Child Care 111=2000 14 0 .2r*" S TRAH"i 2 0, NY (40' 4 752 ZA2 LUCILLE ST. Nt 736 joil'o" �065 9),3 rf R LET 9 M I AS 0 /P st 55K' m ti Di -D RE4"j 0, f 1 � ,to 50 50; 1'6 45'" 30't- 6, "o 7J650 '; ' i . 6 ��' 4 16 � RENA ST. 41 O as to 05 V -'0 50 -1/j A, 4050. PS ALL C�: k C 10 4 :MILDRED ST. W z 501 4 ... ........ .. Z AA 0-0 0 M 60 20 6o 60 09Z L L L IA ST. A N N 15. T VVA F? F? 8 N RSf n14 PC wAL,; is lk- A I C4 6N , oE? y�uf-f �{LI-wAy iF7A IT, vk�+ It�1Yt�.n�'s A Pry F e wt�rani oaa %VaN-�ay� ARC . i i 20 X P u 7 3 f � �f� ���� � fCQ�U►:E tv, p��o flaul3� C-A7E b i ,d Jn'1 l LaNc, A y�2� I a STNC'C W 6xz,z rC I+IALLS /f AvA goo V i ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE) CONDITIONS: 1. That the specific use will be compatible with and not injurious to the use and cnloyment of other property, nor significantly diminish or impair property values within the immediate vicinity; 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 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; S. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, funies, dust, noise and vibration; 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and 8. That the proposed use is in accordance with the Comprehensive Plan. Application Application is in is not in Comments Compliance Compliance Attached RAN x ANALYSIS continued This application is in conformance with six of the eight conditions necessary for approval. Comments on Conditions I, 4 and 8 follow: 1. It could be argued that the proposed use could diminish the desirability of the surrounding properties for single family residential uses. 4. The Traffic Manager has conditioned approval of the Specific use permit upon all drop- off and pick-up of children being done off-street. 8. The Comprehensive Plan designates this area as stable. As such, incompatible land uses should not be introduced. A determination must be made as to whether a 12 child day care center would be compatible with single family residential uses. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Residential souTH: Residential WEST: Residential COMPREHENSIVE PLAN: David and Paula Granger aka Abundant Blessings Childcare Same 4345 Cadillac Lane RS (Residential Single Family Dwelling) District 0.28 acres, more or less Single Family Residential "X" - Areas determined to be outside 500-year floodplain SURROUNDING ZONING: RS (Residential Single Family Dwelling) District RS RS RS Stable Area GENERAI, INFORMATION/PUBLIC UTILITIES continued OTHER PHYSICAL FEATURES: None STREETS: Cadillac Lane - local street with a 60' wide right-of-way and a 20'pavement width DRAINAGE: Curb and gutter WATER: 6" water line SANITARY SEWER SERVICE: 6" sanitary sewer line FIRE PROTECTION: Fire protection is provided by Station #3, 805 Woodrow, ADEQUACY OF SERVICE: Services are adequate.