From
Chris Hartmann
Title
SU180701/S180701 - Specific Use Permit/Site Plan - Child Care Center, 2410 Brady Lane (City Council District 2). Specific Use Permit for a Child Care Center with up to 85 students. Lots 11 and 11B, Block 1, Sharpstown Heights No. 2 Addition, City of Grand Prairie, Dallas County, Texas, approximately 0.61 acres zoned GR, General Retail and addressed as 2410 and 2420 Brady Lane. The owner is Tri Vio. (On July 2, 2018, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approved
Analysis
SUMMARY:
SU180701/S180701 -Specific Use Permit -Child Day Care Center at 2410 Brady Lane. (City Council District 2). A request to grant a Specific Use Permit for a Child Day Care Center to operate in a 3,648 sq. ft. building on .61 acres. The 3,648 square foot existing building (former medical office) is located on platted property (Sharpstown Heights No. 2, Block 1, Lots 11 & 11B). The property is generally located west of Brady Lane and approximately 117 feet south of W. Pioneer Parkway, addressed as 2410 Brady Lane. The property is zoned General Retail (GR) District.
ADJACENT LAND USES AND ACCESS:
North - The property directly north is zoned General Retail (GR) and developed for retail and commercial service uses.
South - Directly south of the subject property is zoned Single Family-3 (SF-3) District and is developed for single-family residential. (Sharpston Heights Phase 2)
East - The property directly east across Brady Lane is zoned General Retail (GR) District and is developed a bank, retail and commercial service uses.
West - West of the subject property is zoned General Retail (GR) and developed for retail, restaurant and commercial service uses
PURPOSE OF REQUEST:
Article 4, UDC requires Child Day Care Center uses acquire a Specific Use Permit.
CHARACTERISTICS AND FUNCTION:
Use:
The applicant seeks to operate a Child Day Care Center in an existing 3,648 square foot commercial building. The applicant proposes to repurpose the former medical office facility located east of Brady Lane, approximately 117 feet south of W. Pioneer Parkway. The .61 acre property was developed in the Mid-1970s for medical office uses. The initial development was a second phase of the Sharpston Heights subdivision.
The facility has provided local and neighborhood dental services for nearly three decades. (TFC Dental & 1st Choice Dental) but the property has remained vacant for the past four years. The independent lot next door (to the immediate south) will be a part of this request in providing space for required outdoor play area.
In the conversion from a medical office use to a day care center format/and layout did pose challenges. Over the past few weeks, the applicant has worked with DRC staff to ensure that minimum environmental and life-safety standards are met.
According to the applicant’s Operational Plan, the business will operate from 6:30 AM to 6:30 PM, Monday thru Friday. Anticipated enrollment will be maximum 90 children; ranging from 6-weeks to 12 years old. If the center continues to grow, adequate land for additional required parking spaces is available on-site.
Access and Parking:
The site provides adequate parking for visiting parents and employees (16 Spaces), including one handicapped accessible space. The site has two existing commercial driveways from Brady Lane. Current regulations require each child be walked into the facility by an adult.
Landscaping and Screening:
The .61 acre site provides a landscape edge with street tress and other hardscape features. The adjacent lot to the south is proposed as an outdoor play space. The neighboring single-family residential properties have a mix of chain-link and wood fences. The Unified Development Code requires a six-foot, ‘Type-3’ wooden fence to be constructed adjacent to single-family residential properties.
Food and Beverage:
The center has opted to allow for the parents to provide daily snacks and meals for the children in accordance with minimum State requirements.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The subject property is designated as Commercial/Retail/Office on the Future Land Use Map (FLUM). A Child Day Care Center use is consistent with the FLUM. In addition, this request for SUP for Child Day Care Center is consistent with Objective 2, Policy 8; in support of an infill opportunity in repurposing a vacant (unused) property providing a compatible land use (child care) conducive to the adjoining neighborhood.
RECOMMENDATION:
Development Review Committee recommends approval subject to replatting the two independent lots into one lot (property).
Body
AN ORDINANCE AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR A CHILD DAY CARE, TO WIT: BEING 2.54 ACRE LOTS 11 AND 11B, BLOCK 1, SHARPSTON HEIGHTS NO. 2, IN THE CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, SAID ZONING MAP AND ORDINANCE BEING NUMBERED ORDINANCE NUMBER 4779 AND PASSED ON NOVEMBER 20, 1990; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL.
WHEREAS, the owners of the property described herein below filed application with the City of Grand Prairie, Texas, petitioning an amendment of the Zoning Ordinance and map of said city so as to amend the zoning designation of said site for a Specific Use Permit for a Child Day Care; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on July 2, 2018, after written notice of such public hearing before the Planning and Zoning Commission on the proposed Specific Use Permit had been sent to owners of real property lying within 300 feet of the property on which the creation of Specific Use Permit for a Child Day Care is proposed, said notice having been given not less than ten (10) days before the date set for hearing to all such owners who rendered their said property for City taxes as the ownership appears on the last approved City Tax Roll, and such notice being served by depositing the same, properly addressed and postage paid, in the City Post Office; and
WHEREAS, after consideration of said application, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 9 to 0 to recommend approval to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit for a Child Day Care; and
WHEREAS, notice was given of a further public hearing to be held by the City Council of the City of Grand Prairie, Texas, in the City Hall Plaza Building at 6:30 o'clock P.M. on July 17, 2018, to consider the advisability of amending the Zoning Ordinance and Map as recommended by the Planning and Zoning Commission, and all citizens and parties at interest were notified that they would have an opportunity to be heard, such notice of the time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality; and
WHEREAS, all citizens and parties at interest have been given an opportunity to be heard on all the matter of the Specific Use Permit and the City Council of the City of Grand Prairie, Texas, being informed as to the location and nature of the specific use proposed on said property, as well as the nature and usability of surrounding property, have found and determined that the property in question, as well as other property within the city limits of the City of Grand Prairie, Texas, has changed in character since the enactment of the original Zoning Ordinance to the extent that a specific use may be made of said property as herein provided and by reason of changed conditions, does consider and find that this amendatory Ordinance should be enacted since its provisions are in the public interest and will promote the health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION I.
That Ordinance Number 4779, being the Unified Development Code of the City of Grand Prairie, Texas, showing the locations and boundaries of certain districts, and said Zoning Ordinance and Map having been made a part of an Ordinance entitled:
"THE UNIFIED DEVELOPMENT CODE OF THE CITY OF GRAND PRAIRIE, TEXAS, AS PASSED AND APPROVED BY THE CITY COUNCIL ON THE 20TH DAY OF NOVEMBER, 1990, TOGETHER WITH ALL AMENDMENTS THERETO AND ENACTING A REVISED ORDINANCE ESTABLISHING AND PROVIDING FOR ZONING REGULATIONS; CREATING USE DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN..."
and passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered 1052 for the property location shown on the locatin map attached hereto as Exhibit A and more specifically described as follows:
2410 Brady Lane also described as Lots 11 and 11B, Block 1 Sharpston Heights No. 2, 0.61 acres in the City of Grand Prairie, Dallas County, Texas.
SECTION 2: Specific Use Permit
FOR OPERATION OF A CHILD DAY CARE
1. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU180701/S180701, and as more specifically stated and codified herein, the development shall adhere to the approved Site Plan attached hereto as Exhibit B and following operational standards:
A. All operations shall be conducted entirely on-site. The public right-of-way shall not be utilized for business activities;
B. Sufficient parking shall be provided as required by the Unified Development Code for child care facilities;
C. No overnight stays will be permitted;
D. Must be in compliance with TDSHS - Texas Food Establishment Rules and local ordinances regarding food service;
E. Must comply with all federal, state, and local laws;
F. Must comply with any outstanding Development Review Committee comments for the Specific Use Permit found in File No. SU180701/S180701 including and especially any requirements related to life safety and emergency egress; and
2. Future expansions to this use will require the submittal of a revised site layout to the planning department.
3. Sharpston Heights No. 2, Block 1, Lots 11 & 11B shall be replatted into a single lot prior to building occupancy.
SECTION 3. Compliance
All development must conform to the approved Development Plans, which are herein incorporated by reference.
1. By this SUP Ordinance, this Specific Use Permit shall automatically terminate if a Certificate of Occupancy is not issued for a Specific Use Permit for a Child Day Care; within one (1) year after City Council adoption of this Ordinance, or upon cessation of the use for a period of six (6) months or more.
2. The operation of this site shall be in strict compliance with the requirements of this SUP Ordinance, the Unified Development Code, the City of Grand Prairie Code of Ordinances, City adopted building codes, City adopted fire codes, and with other applicable regulatory requirements administered and/or enforced by the state and federal government.
3. It shall be unlawful for the owner, manager, or any person in charge of a business or other establishment to violate the conditions imposed by the City Council when a Specific Use Permit is granted, and the violation of those conditions could result in a citation being issued by the appropriate enforcement officers of the City of Grand Prairie. Violation of this provision may be punishable in accordance with Section 1-8 of the Code of Ordinances of the City.
4. This Specific Use Permit shall run with the land and therefore may be transferred from owner to owner; however, each new owner shall obtain a new Certificate of Occupancy
5. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its SUP number and title.
SECTION 4.
It is further provided that in case a section, clause, sentence or part of this Ordinance shall be deemed or adjudged by a Court of competent jurisdiction to be invalid, then such invalidity shall not affect, impair or invalidate the remainder of this Ordinance.
SECTION 5.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 6.
That this Ordinance shall be in full force and effect from and after its passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS the 17th of JULY, 2018.
ORDINANCE NO. 10497-2018
SPECIFIC USE PERMIT NO. 1052
CASE NO. SU180701/s180701