Planning and Zoning Commission Meeting

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Meeting Date: 05/23/2017  
Contact: Edlyn Vatthauer, Planning Manager
File Number: Z-1354-17  
Date Filed: 05/02/2017  
Location: Just to the south of Belt Line Road and approximatley 150 west of Blue Sky Drive
Size of Request: 2 acres  
Number of Lots: 1  
Current Zoning: Single Family-9 (SF-9)
Applicant: Elaine McCloud  
Owner: F&M Properties, Inc./Tuesday Real Estate

Zoning Case Z-1354-17, a Specific Use Permit (SUP) to allow a Group Daycare at 900 E. Belt Line Road, consisting of one (1) lot and two (2) acres.  Applicant:  Elaine McCloud; Owner: F&M Properties, Inc./Tuesday Real Estate.
A Group Day-Care Home is a facility that provides care for up to twelve (12) children, under the age of fourteen (14) years of age, less than 24 hours a day.  This use is allowed in the Single Family-9 (SF-9) district with a Specific Use Permit (SUP).  Consequently, the applicant is requesting this Specific Use Permit (SUP).

The property in question is located just to the south of Belt Line Road and approximately 150 feet to the west of Blue Sky Drive; as provided on the Vicinity Map.

As provided on the Zoning Exhibit, the property in question is zoned Single Family-9 (SF-9).  To the east is Single Family-8 (SF-8) zoning. To the east is Single Family-9 (SF-9). To the south is Single Family-9 (SF-9) zoning and to the north, across Belt Line Road is Two-Family (Duplex) zoning.

As seen on the Aerial Photo, the property in question consists of a structure on the eastern part of the lot and a large open space to the west.  To the west, south and east are single family homes. To the north, across Belt Line Road, are duplex units and single family homes to the northeast.

Some background needs to be provided in regards to this property.  In September of 1982, the property in question was zoned from Commercial to Multi-Family and granted a Specific Use Permit (SUP) for a Day Care Center.  Later, in 1997, the property was zoned to Single Family-9 (SF-9) and consequently became a legal nonconforming use.  This meant it no longer was a use that was permitted by-right in Single Family-9 (SF-9) zoning, but could continue to be used as a Day Care Center, until it stopped being used as a Day Care Center for at least six (6) months.  About a year or so ago, it stopped operating as a Day Care Center and lost its legal nonconforming status.  The applicant would at some point like to operate a Day Care Center here, but that would entail having to rezone the property.  Consequently, in the mean time they want to operate a Group Daycare home, while they work to rezone it at a later date.

As provided on the Site Plan, the applicant will provide a stacking lane, as well as the required parking needs.  They can only have twelve (12) children if this Specific Use Permit (SUP) is approved.  They are planning on having two staff members.

Staff notified property owners within 200 feet and published “Notice of Public Hearing” as required by law.   Thirty-three (33) notices were mailed to adjoining property owners, one (1) reply was received in favor and no (0) replies were received in opposition. 
Attachments for Case Z-1354-17


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