The purpose of this agenda item is to consider a Conditional Use Permit to allow for “Child Daycare” for Lot 1, Block AA, as recorded in Document No. 201600051 OPRTC, a 1.6 acre lot located at approximately 15501 Block of SH-71 West,  Bee Cave, Texas.     

History:

The entire ‘Bella Colinas Commercial’ subdivision is 22.92 acres and consists of 11 lots: 9 Non-residential lots, 1 Cell tower lot, and 1 Critical Environmental Features lot.  The final plat for this subdivision was originally approved in December 2015 and it has been recorded with Travis County (Document # 201600051).

The applicant requests a Conditional Use Permit to allow “Child Daycare” use on their 1.6 acre property, Lot 1, Block AA Bella Colinas Commercial Subdivision. The Property is located in the City of Bee Cave’s Extraterritorial Jurisdiction (ETJ) and is subject to the provisions in the ‘Masonwood Amended and Restated Development Agreement’ (attached) adopted by the Bee Cave City Council on November 13, 2012. Ordinarily, land located within a City’s ETJ is not subject to zoning regulations; however, the Property is within the ‘Neighborhood Services Tract’ as designated within the Development Agreement concept plan, and, as such, is subject to NS zoning regulations per code (Sec. 32.03.009), with the exception of 32.03.009(e)(3) and (e)(6). 

Context:

Bee Cave Code of Ordinances Section 32.05.014 includes a definition for “Child-Care Center (or Day-Care Center)”:

Child-Care Center (or Day-Care Center). A commercial institution or place designed for the care or training of twelve (12) or more unrelated children under fourteen (14) years of age for less than twenty-four (24) hours a day.

Sec. 32.04.001 Charts:

P – Designates use permitted in district indicated

Blank – Designates use prohibited in district indicated

C – Designates use may be approved as a Conditional Use

The Kiddie Academy of Bee Cave consists of a one-story building; 10,218 SF shall be designated for child daycare use and ~6,160 SF shall be designated for fenced (wrought iron) playground areas.

Site: 1.612 acres (Lot 1, Block AA of the Bella Colinas Commercial Subdivision).

Zoning: ETJ (subject to NS (Neighborhood Service) regulations per the ‘Masonwood Amended and Restated Development Agreement’.)

Future Land Use Map: Suburban Corridor

Adjacent Uses:

• North: Across Hwy 71 is the Vail Divide Commercial development; approved for non-residential, neighborhood service uses.
•  East: Immediately adjacent is Lot 2, Block AA of Bella Colinas Commercial subdivision, currently undeveloped.
•  South: Terra Colinas residential development, which is mostly built out.
•  West: Directly adjacent to Lake Travis ISD property

Existing Conditions: Substantially vacant. There is an existing common access drive in the southern portion of the lot, which serves the entire Bella Colinas Commercial development and connects Vail Divide and Del Dios Way.

Proposed Uses: Total development is comprised of a 10,218 SF daycare facility and two playground areas totaling ~6,160 SF. The height of the building shall be one story and shall not exceed 39’-3” from finished grade to the peak of the roof. Per current ordinances (Sec. 32.03.009(2),) the max height in NS is 35’. However, Article III, Section 3.02 (b)(iii) in the ‘Masonwood Amended and Restated Development Agreement’ allows for buildings to be constructed to a max height of 40’.

Hours of Operation: The daycare will comply with code requirements for Neighborhood Service hours of operation (6:00 AM – 10:00 PM)

Trip Generation: Use of the property is limited to daycare center land use. Using the Institute of Transportation Engineers (ITE) trip generation rates/equation, the site is estimated to generate approximately 905 daily trips, 148 during the AM peak hour and 136 during PM peak hour. The maximum proposed occupancy is 190 students and 20 teachers.

Parking, Circulation, and Traffic:

Forty (40) surface parking spaces will be provided. Although it's not currently being proposed by the applicant, the Kiddie Academy is permitted one van and it shall only be parked in the designated parking space as shown on the concept plan. 

Sec. 32.05.001(d)(5) (Off-Street Loading Space) requires child daycare and similar child training and care establishments to provide one paved off-street pedestrian loading and unloading space for an automobile on a through, circular drive for each ten students cared for, excluding child care in a residence. The applicant requested a deviation from this section of Code due to the following: (1) the limited depth of the site, (2)  to rearrange the parking lot to relocate pond outside of front yard setback, and (3) state licensing requirements state that each child must be escorted in/out of their classrooms and signed in/out for tracking requirements. Therefore, a loading zone would not be utilized. 

The project will not have direct access to Highway 71; however, the site has two access points off the common access private drive. The common access private drive is located on the southern portion of the subject site and connects through all Bella Colinas Commercial lots from east to west side (parallel to Highway 71) and connects to Vail Divide and Del Dios Way, both of which feed to Hwy 71. 

Water Quality:

The Water Quality Plan will be formally reviewed with Site Plan; however, staff would like to point out that, differing from the previous iteration presented at the 12/5/2017 P&Z meeting, the applicant revised the concept plan to relocate the WQ pond outside of the 75' front setback. This update removes the two deviations from code that were previously an issue; namely, (1) structures not permitted in front setback and (2) removal of protected/specimen tree(s). 

Impervious Cover:

Per “Exhibit B” of the Declaration of Restrictions (Doc. No. 2016031163), and subject to site plan approval, the impervious cover allowable for the daycare facility (Lot 1, Block AA) shall not exceed 1.16 acres. Currently, the project is proposing 0.843 acres of impervious cover.

Tree Preservation / Landscaping:

The Landscape/Tree Preservation Plan will be formally reviewed with Site Plan. The Landscape plan will be required to generally meet the minimum requirement as specified in the City’s Code of Ordinance with the exception of planting additional trees in the 75' front setback. The tree preservation plan (attached) proposes to remove virtually all existing trees from the buildable site area in order to satisfy grading needs and have a financially viable project. This is allowable per the Masonwood Development Agreement, which allows for more than 60% tree removal site-wide. 

Applicant has agreed to provide a floating 20’ pedestrian easement (for hike and bike trail) within the 75’ front setback at a location acceptable to the owner and the City.  The easement document will be executed and recorded prior to issuance of construction permit. There is a 25’ wide landscape buffer strip along the southern side of the property to separate the commercial development from residential development.

Lighting:

The applicant has agreed to comply with COBC ordinances for lighting. 

Staff recommends approval of the Conditional Use Permit for "Daycare" use Lot 1, Block AA.