From
Chris Hartmann
Title
SU180601/S180601 - Specific Use Permit/Site Plan - The Learning Academy (City Council District 5). A Specific Use Permit for a Child Day Care Center use on 2.54 acres. The proposed Child Day Care Center is located on a 2.54 acre tract consisting of a former bank site generally located east of northbound SH 161 Service Road and approximately 318 feet south of W. Tarrant Road (1326 State Hwy 161). The unplatted property is zoned Planned Development-92 (PD-92) District and lies within the SH 161 Overlay (SH-161) Overlay Corridor District. The agent is Ronnye Hoskins, the applicant is Danyell Smith, and the owner is Jacob Kohannim, JB Investment, LLC. (On June 4, 2018, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
SU180601/S180601 -Specific Use Permit -Child Day Care Center at 1326 SH 161 Service Road. (City Council District 5). A request to grant a Specific Use Permit for a Child Day Care Center to operate in a 6,000 sq. ft. building on 2.54 acres. The 6,000 square foot existing building (former banking facility) is located on unplatted 2.54-acre property. The property is generally located on the northbound SH 161 Service Road and approximately 318 feet south of W. Tarrant Road, more specifically 1326 SH 161. The property is zoned Planned Development-92 (PD-92) District and is located within the SH 161 Corridor Overlay District.
ADJACENT LAND USES AND ACCESS:
North - The property directly north is zoned General Retail (GR) and developed for retail and commercial uses (Chevron & Church’s Chicken)
South - Directly south of the subject property is zoned Planned Development 92 (PD-92) District and is undeveloped.
East - The property directly east is zoned Single Family-2 (SF-2) District and is developed for single family residential detached homes (Continental Estates No. 1)
West - West of the subject property and across northbound SH 161 Service Road properties are zoned Multifamily-2 (MF-2) and developed for multifamily 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 6,000 square foot commercial building. The applicant proposes to repurpose the former bank facility located east of northbound State Highway 161 Service Road, approximately 318 feet south of W. Tarrant Road. The 2.54 acre property was developed in the Mid-1980s as a bank with drive through facilities. The bank facility has not been in service for several years. Currently, the applicant has been involved in primarily interior remodeling of the facility to accommodate a Child Day Care use. Noticeably outside, the overhead canopy associated with the drive though function has been removed. Adequate outdoor play area will be constructed to the south and east of the building.
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 80-100 children; ranging from infants, toddlers, pre-school and an after school program. The Center shall comply with State teacher/pupil ratio, including 10 certified teachers, 1 Director and 1 office manager.
Access and Parking:
The site provides adequate parking for visiting parents and employees (34 Spaces), including one accessible space. The site provides two existing commercial driveways from SH 161 northbound Service Road. Current practices require each child be walked into the facility rather than drop-off practices. Therefore, each child shall be individually checked in when arriving and checked-out when departing.
Landscaping and Screening:
The 2.54 acre site slopes towards the southeast and has native vegetation and trees along the eastern portion of the property, providing a buffer from single family uses to the east. The applicant plans to add additional vegetation and remove significant sections of pavement; increasing the play area to over 8,500 square feet. Noted on the site is the addition of a dumpster pad and enclosure to be located on the northern portion of the property.
Food and Beverage:
The applicant has stated their intention to eventually provide food and beverage services. The applicant plans to ultimately provide an on-site commercial kitchen to provide daily food services. Texas Department of State Health Services, Texas Food Establishment rules and local regulations shall apply in case food and beverage services are provided.
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 of the request with the following conditions:
1. Subject to compliance with State and Local food service regulations regarding service of food and beverages;
2. Alignment of the dumpster as shown on Page 1 of the revised Site Plan (Exhibit A).
3. In the event the property is platted, the Specific Use Permit shall remain in force on the newly-created platted lot.
The Planning & Zoning Commission recommended approval by vote of 8-0, subject to staff's recomended conditions.
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 ON 2.54 ACRES SITUATED IN THE H. BILSMIRER SURVEY, ABSTRACT NO. 111 (1326 N. STATE HIGHWAY 161) 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 June 4, 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 8 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 June 19, 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 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 1045 for the property location described as follows:
1326 N. State Highway 161 also being described as being a 2.54 acre tract situated in the H. Bilsmirer Survey, Abstract 111 City of Grand Prairie, Dallas County, Texas. (Exhibit A)
SECTION 2: Specific Use Permit
FOR OPERATION OF A CHILD DAY CARE
1. As outlined within the Operational Plan (Exhibit B) contained within the Specific Use Permit Application File No. SU180601/S180601, and as more specifically stated and codified herein, the development shall adhere to the 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. SU180601/S180601 including and especially any requirements related to life safety and emergency egress; and
2. Future expansions to this use will require the approval of a revised Site Plan.
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 building permit 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.
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.
4. 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.
5. 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
6. 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 19th of JUNE, 2018.
ORDINANCE NO. 10479-2018
SPECIFIC USE PERMIT NO. 1045
CASE NO. SU180601/s180601
EXHIBIT A - Property description
1326 n. sTATE hIGHWAY 161, BEING A 2.54 ACRE TRACT SITUATED IN THE H. BILSMIRER SURVEY, ABSTRACT 111 CITY OF GRAND PRAIRIE, TEXAS, DALLAS COUNTY, TEXAS.