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Z-5641 Staff Analysis1. Meeting Date: February 16, 1993 2. Case No.: Z-5641 3. Reguest: The applicant is requesting a conditional use permit to convert an existing "R-4" zoned single family structure into a daycare center for 25 children with four employees. 4. Location: 1801 Dennison Street 5. owner A licant: Melvin Peoples/Clarence Hicks 6. Existing Status: Vacant single family residential structure 7. Proposed Use: Daycare center for 25 children with four employees 8. Staff Recommendation: Denial, as being incompatible with this established single family residential neighborhood and unable to meet ordinance requirements for on-site parking and on-site loading/unloading spaces. 9. Planning Commission Recommendation: Denial of this application for a conditional use permit. 10. Conditions or zssces Heznainin to be Resolved: Lack of on-site parking. 11. Right-of-wa IsSues: None 12. Recommendation Forwarded with: A Planning Commission vote of 0 ayes, 7 noes and 4 absent. 13. Cblectors: There were three (3) objectors of record at the December 15, 1992 Planning Commission meeting (Ann Swanigan, Zarifa Voyles and Mrs. Levi Allison). 14. Neighborhood Plan: Central City (8) FILE NO.• Z-5641 NAME• LOCATION: OWNERLAP_PLICANT: PROPOSAL• ORDINANCE DESIGN STANDARDS: 1. Site Location Hicks Daycare Center - Conditional Use Permit 1801 Dennison Street Melvin Peoples/Clarence Hicks, Applicant To convert an existing "R-411 zoned single family residence into a daycare for 25 children with four employees. The fenced in backyard will be converted into a playground. The site is located on the southeast corner of West 18th and Dennison Streets, two blocks south of Central High School. 2. Compatibility with Neighborhood This property as well as the vast majority of the property in this area is zoned residential. The predominance of the uses in the neighborhood are single family and two family residences. Three hundred (300) feet south of this site, at the intersection of Wright Avenue and Dennison Street, is a node of C-3 zoning. Two blocks north of this site, approximately 800 feet, is the Central High School campus, which itself is zoned R-4. This neighborhood is a targeted area for neighborhood revitalization. The proposed use as a large daycare center for 25 children with four employees appears to be incompatible with this established residential neighborhood. 3. on -Site Drives and Parking A daycare center for 25 children with four employees requires four employee parking spaces and three on-site loading and unloading spaces. The applicant is proposing to construct three parking spaces in the front yard which will take access from Dennison Street. He also proposes to park approximately four vehicles on 18th Street, directly north FILE NO.: Z-55.41 (Continued) of and adjacent to this.site. The applicant has stated that 90% of the daycare center's clients will be transported to and from the center by van. There is an open alley running behind this property from 18th Street to Wright Avenue. A better parking design would be to put four parking spaces in the rear of the lot and utilize the alley as maneuvering area rather than backing out into Dennison Street. This would still leave sufficient playground area. Moving the on-site parking from the front of the site to the rear would still not resolve the issue of using 18th Street to meet parking requirements. 4. Screening and Buffers A privacy fence is proposed to extend the length of the property along the south property line to provide screening for the neighbors south of this site. No other screening and buffering has been submitted. The playground area should be screened from adjacent residential properties. Any new parking areas are required to comply with the City's Landscape Ordinance. 5. City Engineer Comments Eliminate the head -in parking in the front yard which backs into Dennison Street. 6. Utility Comments None at the time of this writing. 7. Analysis As a component of the Central High rezoning phase of the 12th Street Study, this neighborhood was targeted for downzoning to R-3 to protect its single family residential nature. This proposed daycare center for 25 children with four teachers would be a substantial intrusion into this established residential neighborhood. It would be better located on the perimeter of the neighborhood, perhaps adjacent to Wright Avenue or Dr. Martin Luther King Drive. This proposal fails to comply with ordinance requirements for on-site parking and on-site loading/unloading. 8. Staff Recommendation Denial, as being incompatible with family residential neighborhood and ordinance requirements for on-site loading/unloading spaces. K this established single unable to comply with parking and on-site FILE NO.: .Z-5641 (Continued) SUBDIVISION COMMITTEE QQMMENT: (NOVEMBER 25, 1992) The applicant, Clarence Hicks, was present. Staff presented the case and outlined the concerns noted above. After a brief discussion of the 12th Street Study and this proposal's compatibility with the neighborhood, the conversation then turned to discussing the required parking and on-site loading and unloading requirements. Mr. Hicks explained that approximately 90% of the children which will attend this daycare center will be transported to and from the daycare center by van. Jerry Gardner of the City Engineer's Office then reiterated the comment noted above, rejecting the proposed parking in the front yard. A brief discussion then followed, after which it was determined that the parking should be moved to the rear of the property, utilizing the alley as maneuvering area and access. The full Commission will still need to address the applicant's proposal to park the vehicles along West 18th Street to meet the parking requirements. The Committee then forwarded this item to the full Commission for final resolution. PLANNING COMMISSION ACTION: (DECEMBER 15, 1992) The applicant was present. There were several objectors present. Dana Carney of the Planning staff presented the item and offered a recommendation of denial. The applicant, Clarence Hicks, addressed the Commission and spoke in favor of the application. He stated that a daycare center would be a preferential use of this property as opposed to continuing to rent it out as a dwelling. He stated that previous tenants had created problems for the neighborhood. Mr. Hicks stated the hours of the daycare would be from 6:30 a.m. until approximately 5:00 p.m., after which the site would be quiet and not create any evening or nighttime disturbances. Zarifa Voyles, of 1805 Dennison, addressed the Commission in opposition to the proposed daycare center. After further discussion, Mrs. Levi Allison of 2300 West 18th Street, then addressed the Commission and voiced her opposition to the proposal. Ann Swanigan of 1721 Dennison Street, spoke next and voiced opposition to the proposed daycare center. Commissioner Willis then asked Mr. Hicks about screening the playground. Mr. Hicks stated that putting a privacy fence around the playground was an option. 3 FILE N Z-5641 (Continued Mr. Hicks stated that, of the 25 children, 12 would be infants age 6 weeks to 18 months. He told the Commission that he did not feel that the children would create a noise problem for the neighbors. Chairman McDaniel then called the question and a vote was taken. The vote was 0 ayes, 7 noes and 4 absent, thus denying the application. 4 December 15, 1992 ITEM NO.: 10 FILE NO.: Z-5641 NAME• LOCATION• OWNER/APPLICANT: PROPOSAL: ORDINANCE DESIGN STANDARDS: 1. Site Location Hicks Daycare Center - Conditional Use Permit 1801 Dennison Street Melvin Peoples/Clarence Hicks, Applicant To convert an existing "R-4" zoned single family residence into a daycare for 25 children with four employees. The fenced in backyard will be converted into a playground. The site is located on the southeast corner of West 18th and Dennison Streets, two blocks south of Central High School. 2. Compatibility with -Neighborhood This property as well as the vast majority of the property in this area is zoned residential. The predominance of the uses in the neighborhood are single family and two family residences. Three hundred (300) feet south of this site, at the intersection of Wright Avenue and Dennison Street, is a node of C-3 zoning. Two blocks north of this site, approximately 800 feet, is the Central High School campus, which itself is zoned R-4. This neighborhood is a targeted area for neighborhood revitalization. The proposed use as a large daycare center for 25 children with four employees appears to be incompatible with this established residential neighborhood. 3. On -Site Drives and Parking A daycare center for 25 children with four employees requires four employee parking spaces and three on-site loading and unloading spaces. The applicant is proposing to construct three parking spaces in the front yard which will take access from Dennison Street. He also proposes to park 1 December 15, 1992 SUBDIVISION ITEM NO.: 10 Continued FILE NO.: Z=5641 approximately four vehicles on 18th Street, directly north of and adjacent to this site. The applicant has stated that 90% of the daycare center's clients will be transported to and from the center by van. There is an open alley running behind this property from 18th Street to Wright Avenue. A better parking design would be to put four parking spaces, in the rear of the lot and utilize the alley as maneuvering area rather than backing out into Dennison Street. This would still leave sufficient playground area. Moving the on-site parking from the front of the site to the rear would still not resolve the issue of using 18th Street'to meet parking requirements. 4. Screening and Buffers A privacy fence is proposed to extend the length of the property along the south property line to provide screening for the neighbors south of this site. No other screening and buffering has been submitted. The playground area should be screened from adjacent residential properties. Any new parking areas are required to comply with the City's Landscape Ordinance. 5. City Engineer Comments Eliminate the head -in parking in the front yard which backs into Dennison Street. 6. Utility Comments None at the time of this writing. 7. Analysis As a component of the Central High rezoning phase of the 12th Street Study, this neighborhood was targeted for downzoning to R-3 to protect its single family residential nature. This proposed daycare center for 25 children with four teachers would be a substantial intrusion into this established residential neighborhood. It would be better located on the perimeter of the neighborhood, perhaps adjacent to Wright Avenue or Dr. Martin Luther King Drive. This proposal fails to comply with ordinance requirements for on-site parking and on-site loading/unloading. 2 December 15, 1992 SUBDIVISION ITEM NO.: 10 Continued FILE NO.: Z-5641 8. Staff Recommendation Denial, as being incompatible with this established single family residential neighborhood and unable to comply with ordinance requirements for on-site parking and on-site loading/unloading spaces. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 25, 1992) The applicant, Clarence Hicks, was present. Staff presented the case and outlined the concerns noted above. After a brief discussion of the 12th Street Study and this proposal's compatibility with the neighborhood, the conversation then turned to discussing the required parking and on-site loading and unloading requirements. Mr. Hicks explained that approximately 90% of the children which will attend this daycare center will be transported to and from the daycare center by van. Jerry Gardner of the City Engineer's Office then reiterated the comment noted above, rejecting the proposed parking in the front yard. A brief discussion then followed, after which it was determined that the parking should be moved to the rear of the property, utilizing the alley as maneuvering area and access. The full Commission will still need to address the applicant's proposal to park the vehicles along West 18th Street to meet the parking requirements. The Committee then forwarded this item to the full Commission for final resolution. PLANNING COMMISSION ACTION: (DECEMBER 15, 1992) The applicant was present. There were several objectors present. Dana Carney of the Planning staff presented the item and offered a recommendation of denial. The applicant, Clarence Hicks, addressed the Commission and spoke in favor of the application. He stated that a daycare center would be a preferential use of this property as opposed to continuing to rent it out as a dwelling. He stated that previous tenants had created problems for the neighborhood. Mr. Hicks stated the hours of the daycare would be from 6:30 a.m. until approximately 5:00 p.m., after which the site would be quiet and not create any evening or nighttime disturbances. Zarifa Voyles, of 1805 Dennison, addressed the Commission in opposition to the proposed daycare center. t December 15, 1992 SUBDIVISION ITEM NO.: 10 (Continued) FILE NO.: 7--564. After further discussion, Mrs. Levi Allison of 2300 West 18th Street, then addressed the Commission and voiced her opposition to the proposal. Ann Swanigan of 1721 Dennison Street, spoke next and voiced opposition to the proposed daycare center. Commissioner Willis then asked Mr. Hicks about screening the playground. Mr. Hicks stated that putting a privacy fence around the playground was an option. Mr. Hicks stated that, of the 25 children, 12 would be infants age 6 weeks to 18 months. He told the Commission that he did not feel that the children would create a noise problem for the neighbors. Chairman McDaniel then called the question and a vote was taken. The vote was 0 ayes, 7 noes and 4 absent, thus denying the application. 4