HomeMy WebLinkAboutStaff ReportsSTAFF REPORT
Item: Public Hearing and Consideration of a Conditional Use Permit, use only for the expansion
of an existing day care, "A Special Place," located at 1103 Anderson. (99-713)
Applicant: Bobby Bernshausen for "A Special Place."
Item Summary: The request is for the use of an additional lease space in the Anderson Ridge
Shopping Center, located on the southeast corner of Anderson and Holleman Street, in order to
expand an existing conditional use child care facility. The shopping center is located in a C -N,
Neighborhood Commercial district that permits childcare facilities only as conditional uses. The
expansion would add an additional 2,160 square feet, in order to accommodate 35-40 additional
children. Due to the increase in site area that was originally permitted, a revised Conditional Use
Permit is required. No site work is required or proposed with this project - therefore, no site plan
will be required to be submitted.
Item Background: In April of 1991, the Brazos Christian School was granted a Conditional Use
Permit for two classrooms of a private school to be located at the present site of "A Special Place."
When "A Special Place" requested utilities in 1994, Staff determined the proposed child care
facility was allowed under the previous conditional use permit granted to the Brazos Christian
School. The applicant now wishes to expand the child care facility into an adjacent vacant lease
space.
Staff Recommendations: Section 14 of the Zoning Ordinance authorizes the existence of
conditional uses. The Commission may permit a conditional use subject to appropriate conditions
and safeguards, when after public notice and hearing the Commission finds that: (Staff comments
are in italics)
1. "The proposed use meets all the minimum standards established in the ordinance for the
type of use proposed." This use meets all of the minimum ordinance requirements.
2. "I'hat the proposed use meets the purpose and intent of the ordinance and is in harmony
with the development policies and goals and objectives as embodied in the Comprehensive Plan for
Development of the City." This use is in line with the Land Use Plan.
3. "That the proposed use will not be detrimental to the health, welfare, and safety of the
surrounding neighborhood or its occupants, nor be substantially or permanently injurious to
neighboring property." The public hearing is an opportunityfor the Commission to measure the
potential impact on surrounding land uses.
"The Commission may impose additional reasonable restrictions or conditions to carry out the
spirit and intent of the ordinance and to mitigate adverse effects of the proposed use. These
requirements may include, but are not limited to, increased open space, loading and parking
requirements, additional landscaping, and additional improvements such as curbing, sidewalks and
screening."
Staff recommends approval with any conditions, including a possible expiration date of the CUP,
that the Commission may find reasonable.
Related Advisory Board Recommendations: N/A
Commission Action Options: The Commission has final authority over the Conditional Use
Permit and associated site plan. The options regarding the use permit are:
1. Approval as submitted.
2. Approval with conditions relating to specific site characteristics or with time limitations.
3. Denial with specified reasons for denial, table, or defer action to a specified date.
Supporting Materials:
1. Location Map
2. Application
3. Infrastructure and Facilities
INFRASTRUCTURE AND FACILITIES
The Anderson Ridge Shopping Center meets all infrastructure needs for the proposed
use.
NOTIFICATION:
Legal Notice Publication(s): The Eagle; 6/16/99
Advertised Commission Hearing Dates(s): 7-1-99
Advertised Council Hearing Dates: N/A
Number of Notices Mailed to Property Owners Within 200': 13
Response Received: None as of date of staff report
/ children in Bryan and College Station), and plenty of access to eating establishments. The site would be
opened late August or early September. This site was previously used by the Brazos Valley Troupe and
they did not have problems. The site has 3 restrooms and the mall had additional restrooms if needed.
The Commissioners were concerned with children in the mall alone (getting to the class, and mall
restroom access). Dr.Slater explained that the staff would consist of 1 teacher per 25 students, 2
assistant teachers, an undergraduate student, -and additional A&M students helping throughout the day.
The children would be escorted to the mall restrooms.
The Commissioner expressed concern for a parent drop-off/pick-up area. The only one around was also
used for the trash containers, and deliveries. They did not feel this would be safe for children to be
around while waiting for parents.
Dr. Slater said that a van would be used to pick up the younger students and other students without
transportation.
Chairman Rife closed the public hearing.
Commissioner Floyd moved to approve the Conditional Use Permit for purposes of discussion.
Commissioner Warren seconded the motion.
Commissioner Floyd felt that some of the concerns could be addressed by limiting the number of
students. He also felt that the dumpster area could be fenced to keep the children out.
- Commissioner Warren said that she had strong concerns with the safety of the students having an
entrance to site at the dumpster area. She did not feel the vans would alleviate the traffic volumes
associated with this site.
Commissioner Parker was also concerned with the safety of the children. He felt it was unsafe to allow
young children to be alone in the mall, whether it be getting to the class, leaving the class, or going to
the mall restrooms ('if the site's restrooms were unavailable). He said that he did not feel comfortable
with this location for a school site.
Chairman Rife agreed that traffic would be a problem. He felt safety was a major concern.
Chairman Rife called for the vote, and the motion to approve the request failed (0-6).
Commissioner Parker moved to deny the request. Commissioner Warren seconded the motion, which
passed unopposed (6-0).
AGENDA ITEM NO. 4: Public hearing and consideration of a Conditional Use Permit, use only,
for the expansion of an existing day care, "A Special Place", located at 1103 Anderson. (99-713)
Staff Planner Anderson presented the staff report and explained that the request was for the use of an
additional lease space in the Anderson Ridge Shopping Center to expand the existing child care facility.
The expansion would add an additional 2,160 square feet, in order to accommodate 35-40 additional
children. Due to the increase in site area that was originally permitted, a revised Conditional Use Permit
is required. No site work is required or proposed with this project; therefore, no site plan will be
required to be submitted. She explained that in April, 1991, the Brazos Christian School was granted
MZMInutes July 1, 1999 Page 4 of 12
the Conditional Use Permit for two classrooms of a private school to be located at the present site of "A
Special Place". When "A Special Place" requested utilities in 1994, Staff determined the proposed child
care facility was allowed under the previous use permit.
Ms. Anderson explained that Section 14 of the Zoning Ordinance authorizes the existence of conditional
uses. The Commission may permit a conditional use subject to appropriated conditions and safeguards,
when after public notice and hearing the Commission finds that: (Staff comments are in italics)
1. "The proposed use meets all the minimum standards established in the ordinance for the type of
use proposed." This use meets all of the minimum ordinance requirements
2. "That the proposed use meets the purpose and intent of the ordinance and is in harmony with the
development policies and goals and objectives as embodied in the Comprehensive Plan for Development
of the City." This use is in line with the Land Use Plan.
3. "That the proposed use will not be detrimental to the health, welfare, and safety of the
surrounding neighborhood or its occupants, nor be substantially or permanently injurious to neighboring
property." The public hearing is an opportunity for the Commission to measure the potential impact
on surrounding land uses
"The Commission may impose additional reasonable restrictions or conditions to carry out the spirit and
intent of the ordinance and to mitigate adverse effects of the proposed use. These requirements may
include, but are not limited to, increased open space, loading and parking requirements, additional
landscaping, and additional improvements such as curbing, sidewalks and screening."
Ms. Anderson explained that since there is currently a child care facility at the site, staff does not see the
addition to be detrimental to the health, welfare, and safety of the surrounding neighborhood. The
Commission may impose additional reasonable conditions such as increase of open space, parking
requirements, landscaping, sidewalks, and screening.
Chairman Rife opened the public hearing.
Bobby Bernshausen, 1401 Kernstown, the applicant for the project, explained that he had been
operating the facility since January. The decision to expand was decided in order to accommodate
additional children. Currently, the facility accommodates children up to 2 years of age, he wanted to
increase the age to 5 years old. This would also aid in accommodations for additional infants. This
would not happen immediately.
Commissioner Warren asked if there were play areas outside for the children. Mr. Bernshausen
explained that there are two play areas. One is located in front of the building with an overhang, the
other a natural play area which would be used in the event the facility is expanded. One play area would
be for the younger children and the other for the older children.
Commissioner Floyd asked about the current enrollment. Mr. Bernshausen said that the current facility
can hold a maximum of 40 children, but only 30 are enrolled at the present time. The expansion would
allow an additional 35 - 40 students.
Commissioner Warren said that with the added number of students, she wanted to know about the
circulation of vehicles (parents dropping off and picking up their children) and parking for employees
and parents. Mr. Bernhausen said that at the current facility there are approximately 4 or 5 parking
MZMinutes July 1, 1999 Page S of 12
spaces (with a handicapped space), located on the side of the building, that are not used. There are
additional spaces directly across from the facility (behind the other tenants), are some extra spaces that
can be shared. The employees would use the side area to park and the parents would have access to
front parking. The parking spaces are not usually occupied more than a few minutes while parents are
dropping off the children.
Commissioner Floyd asked about access to -the facility. Mr. Bernhausen said that there are three
entrances (two on Anderson and one on Holleman); the entrances are used almost evenly. There has
not been any congestion with entering and exiting the facility, and he does not anticipate a problem with
the expansion. The facility opens at 6:45 a.m. and the drop-off and pick-up times seem to be staggered
due to the needs of the parents, which is enough to avoid congestion. The access is more difficult at
this time because of the construction on Anderson, but once the construction is completed, it should be
normal.
Chairman Rife closed the public hearing.
Commissioner Floyd moved to approve the Conditional Use Permit request. Commissioner Warren
seconded the motion.
Commissioner Floyd asked for clarification of applying expiration dates to conditional use permits, he
wanted to know if expiration dates have been used in the past. He felt that all conditional use should
have expiration dates. Senior Planner McCully replied that Planning Staff has had discussions with the
City's Legal Department, and concluded that it would be difficult to place expiration dates on permits
where substantial construction costs would be expended subsequent to a conditional use permit, but that
tenant uses could be restricted. In the past an expiration date was place on a temporary modular
building for a church office, the Commission placed a reasonable time on this project to allow use of the
land until the church had time to come back with the permanent site plan. She explained that in the case
presented, an expiration date could be issued if there are any concerns.
Commissioner Parker felt that there would be cases that the Commission may feel an expiration date
would be good, but did not feel that in this case it was appropriate because there was a childcare facility
at this site already, they were just requesting an expansion to an existing childcare facility.
Chairman Rife said that if Commissioner Floyd's concerns were with traffic and circulation, an
expiration date could be place to review the permit again to assure there are no traffic problems.
Chairman Rife called for the vote, and the motion to approve the Conditional Use Permit passed
unopposed (6-0).
AGENDA ITEM NO. 5: Public hearing and consideration of a Conditional Use Permit for the
use only to permit a convenience store and service station in a C -B zoned district. The site is
located on the northwest corner of University Drive and Highway 6 Bypass. (99-714)
Commissioner Floyd stated that this item is for a tract of land within The Gateway Subdivision,
Preliminary Plat, and the Final Plat for this property are to be considered later in this agenda. He asked
staff if this item could be moved to follow the final plat. Senior Planner McCully said that it would be
appropriate to review this item after Agenda Item No. 7 (Preliminary Plat) and Agenda Item No. 8
(Final Plat).
P&ZMInutes July 1, 1999 Page 6 of 12