M E M O R A N D U M. Meeting Date: April 19, Item No. H-2. Mark Hafner, City Manager. Michele Berry, Planner II

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1 M E M O R A N D U M Meeting Date: April 19, 2016 Item No. H-2 To: From: Subject: Mark Hafner, City Manager Michele Berry, Planner II PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for Children s Lighthouse to construct a proposed 11,121 square-foot building that exceeds the maximum allowed six thousand (6,000) squarefoot threshold within the Neighborhood Services (NS) zoning district, located on a 1.49-acre tract of land, on the north side of North Tarrant Parkway, approximately 350 feet west of Smithfield Road, at 8131 Smithfield Road, being the southwest portion of Lot 1, Block A, Sarah Brooks Estates Addition. Ken Nicholson, owner. Vinjay and Garima Gupta, applicants. RPGA Design Group, Inc., architect. (SUP ) Action Requested: Property Description: Current Zoning: Applicant: Owner: Conduct a public hearing and consider an ordinance allowing an 11,121-square-foot building that exceeds the maximum allowed six thousand (6,000) square-foot threshold within the Neighborhood Services (NS) zoning district. Approximately 1.49-acre tract of land, located on the north side of North Tarrant Parkway approximately 350 feet west of Smithfield Road, at 8131 Smithfield Road, being the southwest portion of Lot 1, Block A, Sarah Brooks Estates Addition. Neighborhood Services (NS) Vinjay and Garima Gupta Ken Nicholson Page 1 of 9

2 Architect: Background: Request: Building Size: RPGA Design Group, Inc. The zoning on this property was established with the citywide rezoning in The subject property is platted but undeveloped. The proposed use is an 11,121-square-foot building that exceeds the maximum allowed six thousand (6,000) square-foot threshold within the Neighborhood Services (NS). Per Section 8.03 (M.1) of the UDC, the maximum building footprint is six thousand (6,000) square feet, unless approved through a SUP or Planned Development. Section 8.03 (M.1) states, The NS, Neighborhood Service District is established as a limited retail category intended for the use of nearby neighborhood areas for the purpose of supplying day-today needs and personal services. The maximum floor area for a use within a multi-use building or a freestanding building for one use shall not exceed six thousand (6,000) square feet unless approved by a Specific Use Permit (SUP) or a Planned Development (PD). The architectural character within this district shall be compatible with the adjacent residential neighborhoods. The proposed building is 11,121 square feet to be used for a childcare center. This use is permitted within the NS zoning district. The applicant has stated in their narrative letter the size of the proposed building fits within national averages of ten thousand to twelve thousand (10,000-12,000) square feet and is in part dictated by state licensing requirements and the standards for incorporating math, technology and fine arts in the class rooms. The narrative letter is included in Exhibit A. Other Design Elements: The applicant has also requested a few variances to standards of Section 8 in the Unified Development Code, including parking, screening and playground equipment in the thirty-foot (30 ) landscape buffer. Parking: Per Section 8.07 of the UDC, a childcare facility requires one (1) space for four (4) students (design capacity). This facility requires fifty-eight (58) parking spaces. The applicant is requesting a variance to reduce the number of spaces to fifty-six (56). The applicant has submitted a traffic pattern study to support this request. This study concludes a maximum of fortytwo (42) parking spaces are required at a single point in time. Page 2 of 9

3 The original submittal had a row of parking in front of the building and a row of parking in the rear of the building and requested forty-six (46) parking spaces. Based on concerns raise at the Planning and Zoning Commission meeting parking has been revised to be in a circle in front of the building and additional parking was added. The neighbors expressed a desire to not have parking facing west at the meeting and support of reduced parking. Variance Request 1. The applicant is requesting a variance to Section 8.07 to reduce the parking provided from the required fifty-eight (58) parking spaces to fifty-six (56). Screening: Section 8.13 of the UDC requires a six-foot (6 ) masonry screening wall when a non-residential or multi-family development is constructed adjacent to a single-family or twofamily residential use or zoning district. Adjacent to the west is a single-family subdivision. The applicant is requesting a variance to use a row of Nellie R. Stevens holies in lieu of a sixfoot (6 ) masonry screening wall. The Nellie R. Stevens would be four foot (4 ) in height at the time of planting and spaced five feet (5 ) on center. According to the Texas A&M AgriLife Extension, Nellie R. Stevens are a recommended large shrub in North Texas and grow approximately ten feet (10 ) wide and ten feet (10 ) in height. The existing residential homes have wooden privacy fences and between the fences and this subject property is an existing fifty foot (50 ) wide drainage channel. There are no proposed changes to the drainage channel. Allowing a living screen would provide privacy to the children playing and prevent the channel from becoming walled-in. Variance Request 2. The applicant is requesting a variance to Section 8.13 to provide a living screen of Nellie R. Stevens Hollies, minimum four feet (4 ) in height at time of planting, in-lieu of a six-foot (6 ) masonry screening wall. Fencing: Playground: The applicant proposed using a six-foot (6 ) wrought-iron style fencing around the play areas. At a meeting with the neighbors on Friday, April 8, 2016, the neighbors requested this fencing to be extended south along the west property line to the south property line. The object is to prevent children and youth from getting into the drainage channel to the west. The applicant has made this change. In the submittal that went before the Planning and Zoning Commission, the applicant requested a variance to allow playground equipment within the thirty-foot (30 ) landscape Page 3 of 9

4 buffer adjacent to the residential subdivision to the west. Based on comments from the residents and a neighborhood meeting held on April 8, 2016, this variance request has been removed from City Council consideration. The playground is now located outside of the landscape buffer. Trip Generation: Existing Roadway Access: A Trip Generation Form was completed showing daily trip general of 1,012 trips. Section 5.03 (E.1) requires a Traffic Impact Analysis (TIA) when more than 2,000 trips are generated by a commercial use. No TIA is required for this development. The Trip Generation Letter is included in Exhibit A. North Tarrant Parkway, a six-lane divided arterial street to the south. Smithfield Road, a four-lane undivided collector to the east, though cross-access with adjacent developments. Both North Tarrant Parkway and Smithfield Road are City of North Richland Hills rights-of-way at this location. The City of North Richland Hills is aware of the proposed development and will not require a TIA for this development. Surrounding Zoning & Land Uses: Analysis: Public Input: North: Sarah Brooks Estates subdivision zoned SF-12 South: City of North Richland Hills, parkland. East: City of North Richland Hills, residential subdivision and vacant commercial lot West: Sarah Brooks Estates subdivision zoned SF-12 The applicant is requesting a Specific Use Permit (SUP) to construct an 11,121-square-foot building that exceeds the maximum allowed six thousand (6,000) square-foot threshold within the Neighborhood Services (NS) zoning district. SUP requests must be considered and approved by the Planning and Zoning Commission and City Council. Proposed building elevations, Site Plan, and Landscape Plan are included with this SUP application within Exhibit A. On March 18, 2016, as required by state law, the city mailed out seventeen (17) letters of Notifications for a Public Hearing to all property owners within three hundred feet (300 ) of the subject site and the City of North Richland Hills. A public hearing notice sign was also posted on the site. Notice was published in the Fort Worth Star-Telegram fifteen (15) days before this City Council public hearing date. As of April 12, 2016, staff had received five (5) letters of opposition to the proposed request from within the two-hundred foot (200 ) buffer. Page 4 of 9

5 On April 8, 2016, staff facilitated a meeting between the architect, developer, property owner and residents in the area. The architect presented revised plans to address concerns raised during the public hearing with the Planning and Zoning Commission. The revisions included: Flipping the building so the tower feature was farther from residential homes. Putting all the parking in front of the building with a circular flow. Moving the dumpster area farther from the homes. Reorganizing the playground areas to put the playground from the youngest children closer to the homes and the playground for older children farther from homes, with no playground equipment within the thirty-foot (30 ) landscape buffer. Removing the potential splash pad. At the meeting, the neighbors requested that the wrought iron fence run the length of the property, and not just be around the playground areas. The neighbors express support of the variance to reduce parking, as it would allow additional landscaped area. They also expressed support for the variance to have a living screen in lieu of a masonry wall, as it is more aesthetically pleasing. The neighbors discussed withdrawing their opposition based on the revised plans and building an eight-foot (8 ) wood fence on the east side of their properties for the first four (4) homes on Sarah Brooks Drive. Any agreement to build this fence would be a private agreement between the property owners and developer as the location of the fence would not be on the subject property requesting the SUP. Staff anticipates receiving letters in the coming week. Summary: The applicant has submitted all required documents per the UDC for this Specific Use Permit application. A Site Plan, construction plans and Final Plat will be required to be approved before any construction can start on this site. Section 8.04 (B.2.a) of the UDC states that when considering a SUP request, the Planning and Zoning Commission and City Council shall consider the following factors: 1) The use is harmonious and compatible with surrounding existing uses or proposed uses; The only surrounding uses are single-family residential. The property owner intends to develop the remaining property on this corner with office uses in the future. Childcare centers provide a valuable service to Page 5 of 9

6 residential neighborhoods and most clients prefer to have their children close to their home. The footprint of the proposed building is larger than generally allowed in the NS zoning district. However, it is only a one-story building and does have a sloped roof. In addition, the site plan shows a very clear pedestrian path to the door reflecting the neighborhood services character. 2) The activities requested by the applicant are normally associated with the permitted uses in the base district; The childcare center use is allowed in the Neighborhood Services (NS) zoning district. The size of the building exceeds the maximum allowed six thousand (6,000) square-foot threshold within the Neighborhood Services (NS) zoning district. 3) The nature of the use is reasonable and appropriate in the immediate area; The majority of the property that is zoned NS at this corner is undeveloped. The property owner has indicated they will likely develop the property with office uses. The proposed childcare center is compatible with office uses. The Sarah Brooks subdivision is adjacent to the west. A childcare center generally serves a neighborhood. The use is compatible and allowed in the Neighborhood Services district. The SUP is required for the size of the building. Based on the size, there may be a greater number of students than in a smaller building. The play area is near the homes, but outside the thirty-foot (30 ) landscape buffer, and there may be some concerns about noise from the play area. The hours of operation of a daycare are generally limited to daytime homes. In addition, the play area is separated from the residential area by a concrete drainage channel. Screening will be provided by a row of Nellie R. Stevens hollies, as shown on the site plan. The existing homes have wooden fences on the opposite side of the drainage channel. 4) Any negative impact on the surrounding area has been mitigated; and The building is single story and with the top peak of the roofline at twenty-one feet eight and one-half inch ( /2 in height. An architectural feature resembling a lighthouse extends to thirty-two feet two and five- Page 6 of 9

7 eighths inches ( /8 ). The low height mitigates the overall size of the building. Since the April 8, 2016 meeting, this architectural feature has been relocated to the east end of the building, to increase the distance from the residences to the west. 5) That any additional conditions specified ensure that the intent of the district purposes are being upheld. There are no additional conditions proposed to ensure the intent of the district purposes are being upheld. The two (2) requested variances do not detract from the intent of the district. The reduction in parking is compatible with the district. Written Opposition: Legal Review: Budget Impact: Financial Considerations: Supporting Documents: State laws and the UDC both state that if written objections are received from twenty percent (20%) of the area of the adjacent property owners extending two-hundred feet (200 ) from the subject property, then a three-fourth (¾) vote (super majority is 6 out of 7) is required by City Council for approval of this SUP request. The written opposition as of April 12, 2015 is 25.56% percent. This SUP request will require a three fourth (¾) super majority vote by City Council for approval. Any conditions must apply to the subject property requesting the SUP. Increasing the height of the adjacent neighbor s fences cannot be considered with this SUP. Any agreement to rebuild the fences would be a private agreement between the developer and residential property owners. None. None. Supporting documents include: Minutes of the March 28, 2016 Planning and Zoning Commission Draft Ordinance Exhibit A o Narrative Letter o Trip General Form o Conceptual Site Plan o Conceptual Elevations o Parking Analysis o Landscape Plan Staff Attachment o Written Opposition Map Page 7 of 9

8 o Written Responses o Sarah Brook Addition Plat Maps of Property o Zoning Map (Dated March 2016) o Aerial View (Dated March 2016) Board Review: The Planning and Zoning Commission held a public hearing and discussed this item at their regular meeting on March 28, A motion to approve the SUP as presented failed with a 2-4 vote. Staff Recommendation: Based on the neighborhood meeting on April 8, 2016 and revised site plan, Staff recommends approval of the SUP for an 11,121-square-foot building that exceeds the maximum allowed six thousand (6,000) square-foot threshold within the Neighborhood Services (NS) zoning district with the following conditions: 1. The variance request to Section 8.07 to reduce the parking provided from the required fifty-eight (58) parking spaces to forty-three (43) shall be allowed. 2. The variance request to Section 8.13 to provide a living screen of Nellie R. Stevens Hollies, minimum four feet (4 ) in height at time of planting, in lieu of a six-foot (6 ) masonry screening wall, shall be allowed. 3. The wrought-iron style fence shall run the length of the west property line. 4. Playground areas and dumpsters shall be arranged as shown in Exhibit A. The ordinance has been drafted to reflect the revised site plan request. Staff is recommended fewer parking spaces based on the neighbors concerns and the information provided by the applicant about the parking needs for Children s Lighthouse. Alternatives: The City Council has the following options when considering a SUP application: Approve as submitted (with conditions and variances) Approve with modifications or additional condition(s) Tabling the agenda item to a specific date with clarification of intent and purpose Deny Page 8 of 9

9 Minutes of the Planning and Zoning Commission March 28, PUBLIC HEARING: Consider a recommendation of a Specific Use Permit (SUP) for Children s Lighthouse to construct a proposed 11,121 square-foot building that exceeds the maximum allowed six thousand (6,000) square-foot threshold within the Neighborhood Services (NS) zoning district, located on an approximately 1.49-acre tract of land, located on the north side of North Tarrant Parkway approximately 350 feet west of Smithfield Road, at 8131 Smithfield Road, being the southwest portion of Lot 1, Block A, Sarah Brooks Estates Addition. Ken Nicholson, owner. Vinjay and Garima Gupta, applicants. RPGA Design Group, Inc., architect. (SUP ) Michele Berry, Planner II, came forward to give staff s presentation and recommendation. Robert Garza, architect gave a presentation. In addition, the property owner, Ken Nicholson, and applicant, Dee-Dee Gupta, were present to answer questions. Commissioner Lovein opened the public hearing. Doug Miller, 1626 Sarah Brooks Drive, Keller, TX 76248, representing seven (7) members in the audience who raised their hands, spoke in opposition citing the size of the lot, dumpster location, internal traffic flow pattern and traffic stacking. Commissioner Stansell moved to close the public hearing. Commissioner Ponder seconded and the motion carried unanimously (6-0). Additional discussion was held regarding the stacking, parking, ingress and egress, and location of the lot, size of the lot, the variance for a living screen in-lieu of a masonry wall, intended use for the remainder of the property, pedestrian access to the site and drop-off policy. Commissioner De Puma moved to approve as submitted. Commissioner Page seconded and the motion failed 2-4 with the following vote: Aye: DePuma, Reid Nay: Lovein, Stansell, Ponder, Page Page 9 of 9