From
Chris Hartmann
Title
SU101101 - Specific Use Permit - 5103 Magna Carta Boulevard (City Council District 6). Approval of a Specific Use Permit for a child day care facility on approximately 0.3 acres. The site is currently zoned Planned Development District-114A (PD-114A) and is located north of W. Camp Wisdom Road on the west side of Magna Carta Boulevard. The owner is SAR Camp Wisdom Plaza L.P., and the applicant/agent is Marketta Nimo. (On November 1, 2010, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0.)
Presenter
Chief City Planner Kevin Lasher
Recommend Action
Approved
Analysis
SUMMARY:
Consideration of request for approval of a Specific Use Permit for a child daycare facility on approximately 0.3 acres. The site is currently zoned Planned Development District 114A (PD-114A) and is located north of W. Camp Wisdom Road on the west side of Magna Carta Boulevard.
ADJACENT LAND USES AND ACCESS:
North - To the immediate north is a 150-foot Oncor utility (electric) right-of-way. On the other side of the Oncor property is vacant land, zoned Planned Development District 114A (PD-114A) for single family, multi-family, commercial and retail uses. This tract of PD-114A is designated for commercial uses.
South - Various retail uses are located to the south on property zoned Planned Development District 114A (PD-114A) for single family, multi-family, commercial and retail uses. The subject property and the adjacent properties to the south and to the west are part of the Camp Wisdom Plaza development. These properties share mutual access easements and unified signage.
East - To the immediate east is Magna Carta Boulevard, designated as a M4U, Minor Arterial, 4-lane undivided thoroughfare on the Citys Master Transportation Plan. On the other side of Magna Carta Boulevard is property zoned Planned Development District 114A (PD-1114A) for single family, multi-family, commercial and retail uses. This tract of PD-114A is designated for multi-family and retail uses and is developed for townhomes.
West - A vacant parcel of land is situated to the west of the subject property and is part of Planned Development District 114A (PD-114A) for single family, multi-family, commercial and retail uses. This tract of PD-114A is also part of Camp Wisdom Plaza and is designated for commercial uses.
PURPOSE OF REQUEST:
According to Article 4, Permissible Uses of the Unified Development Code (UDC), a child daycare facility that cares for more than four children requires a Specific Use Permit (SUP) in the Commercial (C) District in accordance with the Permissible Use Charts.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
This request is for a Specific Use Permit for a child daycare facility to locate in the suite of an existing 16,000 square foot building on 1.86 acres. The daycare will be located in Suite 110, which encompasses 5,800 square feet of the overall building area. The outdoor play area will include 1,500 square feet of what is currently parking area. The owner plans to leave the exterior of the building in its current condition. The property is vested to previous landscape requirements, since the applicant will not be enlarging the footprint of the building. The interior of the building will be improved to provide additional restroom hand washing sinks, and partitions. The suite was previously used as a child recreation center called Doogoo Land.
The proposed childcare use will require ten parking spaces and two accessible parking spaces. The Site Plan shows 79 total spaces for the site, excluding three spaces for the play area. The proposed use will leave 67 spaces for other retail uses. The other 10,000 square feet of retail space will require about 36 spaces.
According to the operational plan, the name of the facility will be Rising Stars Christian Academy. The hours of operation will be 6:00 a.m. to 7:00 p.m., Monday through Friday. The estimated capacity will be about 100 children in care. These children will range in age from 6 weeks to 12 years of age. There will be about 15 caregivers or more in the facility, depending on the number of children. The facility will also include before and after school care for school age children. Transportation will be provided to the students by trained and licensed staff. The applicant has contacted the Texas Department of Health and Humans Services and understands the state requirements for providing transportation services for children.
Food will be prepared on-site and the kitchen will meet state and local requirements for a commercial kitchen. Breakfast will be served at 7:00 am, lunch will begin at 11:00 am, and the afternoon snack will be served at 2:30 pm.
There outdoor play area in the back of the building will be fenced in with a six-foot wrought iron fence, which will have two entrances. Everyone will use the main entrance to enter the building. The back door will only be used for emergency purposes and for the kids to enter onto the playground from the inside. Entry and exit doors have been reviewed by the Fire Department and the floor plan reflects the alarm and other safety requirements.
In addition to the outside play area, there are two rooms located on a second level of the building that are four feet tall (see pictures). The operational plan includes a detailed description of how these areas will be supervised and cleared at the end of the day, per Environmental Services request. These spaces will also include surveillance cameras.
ZONING HISTORY:
The current zoning is Planned Development District 114A (PD-114A) for single family, multi-family, commercial and retail uses. The tract that includes the subject property is designated for uses that are allowed in the Commercial (C) District. The property was rezoned from Commercial (C) District to Planned Development District 114A (PD-114A) in 1982.
The property was annexed into the City in 1963.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Comprehensive Plan designates this area for commercial and retail uses. Consequently, staff has determined that this use is in conformance with the Comprehensive Plan as adopted in October of 2005.
PROJECTS VESTED STATUS:
The subject property is platted as Camp Wisdom Business Park, Block 1, Lot 1R. The original Site Plan (S070201) was approved on February 20, 2007, and the building was built within the following year. Thus, the site plan area is vested to standards in place at the time of the original Site Plan submittal of January 18, 2007.
DENSITY AND DIMENSIONAL IMPACTS:
Since the Elevations and Landscape Plan are existing conditions and the proposed use will not enlarge the building footprint; the existing building and landscape conditions are vested to previous standards. All existing development and improvements must be maintained in good condition and in accordance with the approved Site Plan (S070201).
REQUESTED APPEALS BY APPLICANT:
No appeals are being requested by the applicant.
RECOMMENDATION:
The Development Review Committee (DRC) recommends full approval of this case as it is in full compliance with all applicable requirements of the Unified Development Code.
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 TO GRANT A SPECIFIC USE PERMIT FOR A CHILD DAYCARE FACILITY IN A PLANNED DEVELOPMENT FOR COMMERCIAL (C) USES, TO WIT: BEING 0.3 ACRES AND BEING A PORTION OF LOT 1R, BLOCK 1, CAMP WISDOM BUSINESS PARK, IN THE CITY OF GRAND PRAIRIE, TARRANT COUNTY, TEXAS, AND BEING ADDRESSED AS 5103 MAGNA CARTA BOULEVARD, SUITE 110, 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 property to obtain a Specific Use Permit for a Child Daycare Facility in a Planned Development for Commercial (C) uses and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on November 1, 2010, 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 Specific Use Permit for a Child Daycare Facility in a Planned Development for Commercial (C) uses 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 7 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to add a Specific Use Permit for a Child Daycare Facility in a Planned Development for Commercial (C) uses; 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 November 16, 2010 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..."
and passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered 852 for the property location described as follows:
Being 0.3 acres and being a portion of Lot 1R, Block 1, Camp Wisdom Business Park, in the City of Grand Prairie, Tarrant County, Texas, and being addressed as 5103 Magna Carta Boulevard, Suite 110, and as shown on the SUP Site Plan and labeled as Exhibit ‘A’, incorporated by reference.
SECTION 2.
Specific Use Permit
CHILD DAYCARE FACILTY IN A PLANNED DEVELOPMENT DISTRICT FOR COMMERCIAL (C) USES. The following conditions are hereby established as part of this ordinance:
1. All operations must conform to the operational plan as approved by City Council under case number SU101101.
2. All existing development and improvements must be maintained in good condition and in accordance with the approved Site Plan, Elevations and Landscape Plan (S070201).
3. The facility must maintain compliance with state minimum standards for licensed child care centers.
4. The facility must maintain compliance with city ordinance #7319 for licensed child care centers.
5. The facility must maintain compliance with state regulations and local ordinances for food service operations
6. An automatic and manual fire alarm system shall be installed per the 2003 IFC for an I-4 occupancy.
7. Fire sprinkler system shall be modified to properly cover the existing interior floor plan.
8. Maximum occupancy for the daycare use shall be calculated based on available interior area, and outdoor play areas.
9. Outdoor play areas adjoining non-residentially zoned property shall be enclosed by no less than a six-foot high fence.
10. Upon approval of the Specific Use Permit, the owner or applicant will need to apply for a revised certificate of occupancy to add the SUP number and use.
SECTION 3.
Compliance
All development must conform to the approved Site Plan labeled as Exhibit ‘A’, which is herein incorporated by reference.
1. If no certificate of occupancy is issued for a Child Daycare Facility in a Planned Development for Commercial (C) uses within one year, or the use is discontinued for a period of six months or more, the Specific Use Permit (SUP) will be terminated in accordance with Section 5.4.1.C. & D of the Unified Development Code.
2. The operation of the facility shall be in strict compliance with all requirements of the Environmental Services Department, Building Inspections, Police Department and Fire Administration.
3. Any unsafe or unauthorized operations or activities shall be determined as grounds for revocation of the Specific Use Permit by the City Council.
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.
DULY PASSED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THE 16TH OF NOVEMBER 2010.
Case No. SU101101
Specific Use Permit No. 852