27 SPC-2023-0406A - Yoga Peace School East, District 1.pdf — original pdf

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PLANNING COMMISSION SITE PLAN CONDITIONAL USE PERMIT REVIEW SHEET (512) 220-2248 (512) 974-2140 SPC-2023-0341A Yoga Peace East School Peaceful Playhouse, LLC PC DATE: February 27, 2024 15,423 square feet Tannehill Branch Creek (Urban) Heather.chaffin@austintexas.gov 3418 East Martin Luther King Jr Boulevard 1 SiteATX, LLC (Jennifer Hanlen) 4004 Banister Lane #307 Austin, TX 78704 CASE NUMBER: PROJECT NAME: ADDRESS: COUNCIL DISTRICT: NEIGBORHOOD PLAN: MLK (East MLK Combined) APPLICANT: AGENT: CASE MANAGER: Heather Chaffin AREA: WATERSHED: WATERSHED ORDINANCE: Comprehensive Watershed Ordinance T.I.A.: N/A CAPITOL VIEW: N/A PROPOSED DEVELOPMENT: The applicant is requesting a conditional use permit for a day care / child care land use for up to 34 children. No construction is proposed with this land use site plan. NOTE: This conditional use permit was filed with the City August 28, 2023. Day care / child care requirement sections of the Land Development Code (LDC) were modified and effective October 30, 2023. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit. The proposed land use site plan complies with all requirements of the Land Development Code. PROJECT INFORMATION: 15,423 square feet EXISTING ZONING: SF-3-NP MAX. BLDG. COVERAGE: 40% MAX. IMPERVIOUS COVER: 45% REQUIRED PARKING: N/A PROPOSED ACCESS: Greenwood Avenue SUMMARY COMMENTS ON SITE PLAN: Land Use: The property is zoned SF-3-NP (Single Family Residence) and is developed with a single family home. The applicant proposes changing the use of the house to day care / child care. This conditional use permit was filed prior to recently adopted changes to day care / child care land uses in single family zoned districts. Effective October 30, 2023, the proposed use would be permitted and not require a conditional use permit. Staff recommends approval of the conditional use permit request. EXISTING BLDG. COVER: 13% EXISTING IMPERVIOUS COVER: N/A PROVIDED PARKING: Minimum 4 spaces Environmental: The site is located in the Tannehill Branch Watershed and subject to Urban Watershed regulations. There were no Environmental review comments. No construction is proposed with this Land  SPC-2023-0341A Yoga Peace East School Use application. Transportation: All parking spaces are located on-site. All Transportation comments have been cleared. Access to the site is existing from Greenwood Avenue; The property also has frontage on East Martin Luther King Boulevard. SURROUNDING CONDITIONS: Zoning/ Land Use 2 SF-3-NP, Single family residential SF-3-NP, Single family residential SF-3-NP, Single family residential SF-3-NP, Single family residential North: East: South: West: Austin Lost and Found Pets Del Valle Community Coalition Friends of Austin Neighborhoods JJ Seabrook Neighborhood Association Neighbors United for Progress SELTexas East Austin Conservancy NEIGHBORHOOD ORGANIZATIONS Austin Independent School District Austin Neighborhoods Council East MLK Combined NPCT Homeless Neighborhood Association Neighborhood Empowerment Foundation Preservation Austin Sierra Club, Austin Regional Group CONDITIONAL USE PERMIT D. 25-5-145. A site plan may not adversely affect the public health, safety, or welfare, or materially injure property. If the Land Use Commission determines that a site plan has an adverse effect or causes a material injury under this subsection, the Land Use Commission shall identify the adverse effect or material injury. § 25-5-146 CONDITIONS OF APPROVAL. (A) To make a determination required for approval under Section 25-5-145 (Evaluation Of Conditional Use Site Plan), the Land Use Commission may require that a conditional use site plan comply with a condition of approval that includes a requirement for: a special yard, open space, buffer, fence, wall, or screen; landscaping or erosion; a street improvement or dedication, vehicular ingress & egress, or traffic circulation; signs; characteristics of operation, including hours; a development schedule; or other measures that the Land Use Commission determines are required for (1) (2) (3) (4) (5) (6) (7) compatibility with surrounding uses or the preservation of public health, safety, or welfare. CONDITIONAL USE PERMIT REVIEW AND EVALUTATION CRITERA A. The following evaluation is included to provide staff position on each point of the conditional use permit criteria. Section 25-5-145 of the Land Development Code states: “The Planning Commission shall determine whether the proposed development or use of a conditional use site plan complies with the requirements of this section. A conditional use site plan must: B. 1. Comply with the requirements of this title; Yoga Peace East School SPC-2023-0341A 3 Staff Response: This site plan complies with all regulations and requirements of the Land Development Code. 2. Comply with the objectives and purposes of the zoning district; Staff Response: The proposed land use is permitted under City Code effective October 30, 2023. 3. Have building height, bulk, scale, setback, open space, landscaping, drainage, access, traffic circulation, and use that is compatible with the use of an abutting site; Staff Response: The site plan complies with all requirements of the Land Development Code. 4. Provide adequate and convenient off-street parking and loading facilities; and Staff Response: Adequate parking and loading facilities will provided on-site. 5. Reasonably protect persons and property from erosion, flood, fire, noise, glare, and similar adverse effects. Staff Response: The site plan will comply with all requirements of the Land Development Code and reasonably protects the health, safety, and welfare of persons and property. 6. For conditional use located within the East Austin Overlay district, comply with the goals and objectives of a neighborhood plan adopted by the City Council for the area in which the use is proposed. Staff response: The proposed project complies with neighborhood plan goals. C. In addition, a conditional use site plan may not: 7. More adversely affect an adjoining site than would a permitted use; Staff Response: A day care / child care would not more adversely affect an adjoining use than would a permitted use. 8. Adversely affect the safety or convenience of vehicular or pedestrian circulation, including reasonably anticipated traffic and uses in the area; or Staff Response: The site plan does not adversely affect the safety and convenience of vehicular and pedestrian circulation. 9. Adversely affect an adjacent property or traffic control through the location, lighting, or type of a sign. Staff Response: All signs and lighting will comply with the Land Development Code. NUMBER DESCRIPTION REVISE (R) ADD (A) VIOD (V) SHEET #S TOTAL # SHEETS IN PLAN SET NET CHANGE IMP. COVER (SQ FT.) TOTAL SITE IMP. COVER (SQ. FT.) % CITE OF AUSTIN APPROVAL DATE DATE IMAGED CITY OF AUSTIN REVISION TABLE PROJECT DESCRIPTION PROJECT LOCATION N VICINITY MAP SCALE: N/A 08/28/23 REVISIONS -- I D V L B G N K R E H T U L N I T R A M E 8 1 4 3 2 0 7 8 7 X T , N I T S U A T S A E L O O H C S E C A E P A G O Y 6 1 7 8 7 s a x e T , n i t s u A 8 6 0 4 - 0 9 7 ) 2 1 5 ( C L L , X T A E T I S 1 0 5 1 6 1 x o B O P SITE PLAN SHEET NO. 1 OF 3 SHEET INDEX 08/28/23 REVISIONS -- I D V L B G N K R E H T U L N I T R A M E 8 1 4 3 2 0 7 8 7 X T , N I T S U A T S A E L O O H C S E C A E P A G O Y 6 1 7 8 7 s a x e T , n i t s u A 8 6 0 4 - 0 9 7 ) 2 1 5 ( C L L , X T A E T I S 1 0 5 1 6 1 x o B O P SITE PLAN SHEET NO. 2 OF 3 08/28/23 REVISIONS 00/00/00 00/00/00 -- I D V L B G N K R E H T U L N I T R A M E 8 1 4 3 X T , N I T S U A T S A E L O O H C S E C A E P A G O Y 6 1 7 8 7 s a x e T , n i t s u A 8 6 0 4 - 0 9 7 ) 2 1 5 ( C L L , X T A E T I S 1 0 5 1 6 1 x o B O P SITE PLAN SHEET NO. 2 OF 2