From
Chris Hartmann
Title
SU120901 - Specific Use Permit - Nueva Vida Day Care Center - 1729 Avenue B (City Council District 3). Approval of a Specific Use Permit for a child day care center in an existing building on 1.04 acres The subject property is currently zoned Single Family-Four (SF-4) District and is generally located east of S. Belt Line Road and north of E. Marshall Drive. The owner is Antonio Delgado and the applicant is Mack Santoyo. (On September 10, 2012, the Planning and Zoning Commission recommended approval of this request by a vote of 6-0.)
Presenter
Director of Planning and Development Bill Crolley
Recommended Action
Approve
Analysis
SUMMARY:
This request is for consideration of approval for a Specific Use Permit for a child day care center in an existing building on 1.04 acres. The subject property is currently zoned Single Family-Four (SF-4) District and is generally located east of S. Belt Line Road and north of E. Marshall Drive.
ADJACENT LAND USES AND ACCESS:
North - To the immediate north is vacant property zoned Single Family-Four (SF-4) District and owned by the church.
South - Immediately to the south, the property is platted as Lake Crest 2 Addition. There is a 15-foot utility easement that straddles the rear property line of the subject property and a 100-foot Dallas Power & Light Co. easement that intersects Lots 4, 5 and 23 of Block 15 of the Lake Crest 2 Addition [Volume 13, Page 43, MRDCT].
East - To the immediate east is Avenue B, a two-lane local street. On the other side of Avenue B are single family residences located on property zoned Single Family-Four (SF-4) District.
West - Immediately to the west are vacant lots zoned Single Family-Four (SF-4) District that are owned by the applicant. There are also three single family residences that are not owned by the church and are zoned Single Family-Four (SF-4) District.
PURPOSE OF REQUEST:
This request is for a child day care facility on property zoned Single Family-Four (SF-4) District. According to UDC, Article 4, “Permissible Uses” a Specific Use Permit is required in a Single Family-Four (SF-4) District for a child daycare facility enrolling four or more children, and where tuition, fees, or other forms of compensation for the care of the children is charged, and which is licensed or approved to operate as a childcare center in accordance with Article VII, Section 13, Code of Ordinances.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The subject property is owned by Nueva Vida/ New Life Assembly. The church and accessory uses include a church sanctuary, offices, charter school and proposed day care center. A copy of the Texas Education Agency’s approval for the charter school is attached. Charter schools are allowed by right in single family zoning districts.
An operational plan has been submitted for the proposed day care center. The Nueva Vida Day Care Center will provide child day care from 6:00 am to 6:00 pm, Monday through Friday. The age groups range from infants to 10 years of age. The estimated capacity is 60 children. There will be about four caregivers for the facility. A floor plan has also been submitted for the subject property. Areas depicted by the floor plan are broken down according to the participant’s age group. A kitchen facility is provided, and will meet commercial kitchen standards. Breakfast, lunch and snacks will be served. All food will be catered.
The existing 9,346 red-brick building is in good condition. The building and landscape area are existing legally nonconforming conditions, since the proposed use will not expand the existing building area [UDC, Article 19 “Non-Conforming Development”]. There are also existing wood privacy fences along the western property line that provide screening for the single family residences to the west. UDC, Article 8 “Landscaping and Screening” requires a wood “Type 3” fence for non-residential uses that are adjacent to residential uses. However, the existing fences provide adequate screening.
Since much of the existing parking paving is in poor condition, the applicant plans to re-pave the parking area as concrete in conformance with UDC, Article 10 “Parking and Loading.” The site plan also shows re-paved driveway approaches, and a dedicated fire lane adjacent to the proposed day care.
The proposed ordinance includes the following conditions under Section 3 “Specific Use Permit Conditions:”
1. All operations on the subject property must conform to the City Council signed and approved site plan, ordinance and operational plan as provided in the final submittal under case number SU120901.
2. The day care facility must maintain compliance with the state’s minimum standards for licensed child care centers.
3. The day care facility must maintain compliance with the city of Grand Prairie’s licensed child care centers ordinance.
4. The day care facility must maintain compliance with state regulations and local ordinances for food service operations. All food must be catered.
5. Outside activity space must equal at least 25% of the licensed indoor capacity. The outside activity space will be enclosed with a wrought iron fence and accessible directly from the building.
6. A minimum 5-inch reinforced concrete pavement is required for parking areas. The parking areas are in poor condition and will need to be repaved.
7. A fire alarm system and Knox box for access will be installed in the day care building.
8. A fire lane will be striped on the parking and loading area in front of the day care building.
9. A dumpster enclosure will be installed on the north side of the building in compliance with UDC, Article 8 “Landscaping and Screening” requirements.
The day care center is accessible by two driveway approaches located on Avenue B. The drive aisles have adequate width to allow traffic in two directions. The parking requirement for a day care facility is one space per 10 pupils plus one space per employee. The total parking spaces required are 10 spaces, and the total parking spaces provided are 62 parking spaces. The total handicapped spaces required are three spaces, and the total parking spaces provided are three spaces [UDC, Article 10 “Parking and Loading”].
ZONING HISTORY:
The subject property is zoned Single Family-Four (SF-4) District. Historic zoning maps indicate that the subject property has retained this zoning classification since 1985. The site was annexed into the city on May 15, 1961 [Ordinance 1423].
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Comprehensive Plan designates this area for low density residential uses. Schools, churches and uses that are typically accessory uses for churches are non-residential uses allowed in residential zoning districts. Thus, this use is in conformance with the Future Land Use Map of the 2010 Comprehensive Plan.
PROJECT’S VESTED STATUS:
The subject property is platted as Lake Crest 2 Addition, Block 15, Lots 1 through 8, and Lot 23 [Volume 13, Page 43, MRDCT]. There is an existing building on the site. Submittal of this specific use permit request will vest the day care center to development standards in place as of the date of application submittal of July 17, 2012.
DENSITY AND DIMENSIONAL IMPACTS:
A sampling of development requirements applicable to this site are attach:
REQUESTED APPEALS BY APPLICANT:
The applicant is not requesting any appeals.
RECOMMENDATION:
The Development Review Committee recommends approval of this request for a child day care center in a single family residential zoning district in accordance with all Unified Development Code requirements.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS 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 CENTER IN A SINGLE FAMILY-FOUR (SF-4) DISTRICT, TO WIT: BEING LOTS 1 THROUGH 8, AND LOT 23, BLOCK 15, LAKE CREST 2 ADDITION, IN THE CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND BEING ADDRESSED AS 1729 AVENUE B, SAID ZONING MAP AND ORDINANCE BEING NUMBERED AS 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 owner 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 to a Specific Use Permit for a Child Day Care Center in a Single Family-Four (SF-4) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on September 10, 2012, 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 a Specific Use Permit for a Child Day Care Center in a Single Family-Four (SF-4) District 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 6 to 0 to recommend 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 Center in a Single Family-Four (SF-4) District; 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 September 18, 2012 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 1.
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..."
being passed and approved on November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered 899 for the property location described as follows:
Being Lots 1 through 8, and Lot 23, Block 15, of the Lake Crest 2 Addition, in the City of Grand Prairie, Dallas County, Texas, and being addressed as 1729 Avenue B, and as shown on the approved site plan labeled as Exhibit ‘A’, which is incorporated herein by reference.
SECTION 2.
Definition
Day Care Center or Day Nursery: An establishment enrolling four or more children under age 5 [for a day nursery], and where tuition, fees or other forms of compensation for the care of children is charged, and which is licensed for approved to operate as a child care center in accordance with Article VII, Section 13, Code of Ordinances [Article 30, “Definitions,” of the Unified Development Code].
SECTION 3.
Specific Use Permit Conditions
FOR OPERATION OF A CHILD DAY CARE CENTER IN A SINGLE FAMILY-FOUR (SF-4) DISTRICT. The following conditions are hereby established as part of this ordinance:
1. All operations on the subject property must conform to the City Council signed and approved ordinance and operational plan as provided in the final submittal under case number SU120901.
2. The day care facility must maintain compliance with the state’s minimum standards for licensed child care centers.
3. The day care facility must maintain compliance with the city of Grand Prairie’s licensed child care centers ordinance.
4. The day care facility must maintain compliance with state regulations and local ordinances for food service operations. All food must be catered.
5. Outside activity space must equal at least 25% of the licensed indoor capacity. The outside activity space will be enclosed with a wrought iron fence and accessible directly from the building.
6. A minimum 5-inch reinforced concrete surface is required for parking areas. The parking areas are in poor condition and will need to be repaved.
7. A fire alarm system and Knox box for access will be installed in the day care building.
8. A fire lane will be striped on the parking and loading area in front of the day care building.
9. A dumpster enclosure will be installed on the north side of the building in compliance with UDC, Article 8 “Landscaping and Screening” requirements.
SECTION 4.
Compliance
All development must conform to the approved Site Plan labeled as Exhibit ‘A’, which is herein incorporated by reference.
1. The Specific Use Permit (SUP) shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if no building permit is issued for a “Child Day Care Center in a Single Family-Four (SF-4) District” 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. Furthermore, by this SUP Ordinance, the Specific Use Permit shall automatically terminate if no certificate of occupancy is issued for a “Child Day Care Center in a Single Family-Four (SF-4) District” within six (6) months after the issuance of a building permit.
3. 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.
SECTION 5.
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 6.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 7.
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 18th day of SEPTEMBER 2012.
ORDINANCE NO. 9403-2012
SPECIFIC USE PERMIT NO. 899
CASE NO. SU120901