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Z-8625 Staff AnalysisJanuary 6, 2011 ITEM NO.: 10 NAME: LOCATION: OWNER/APPLICANT FILE NO.: Z-8625 Exalters of Christ Day Care — Conditional Use Permit 8923 Sunset Lane Exalters of Christ Ministries International/ Rod McFadden, Pastor PROPOSAL: A conditional use permit is requested to allow a day care center within the existing church on this R-2 zoned, 5+ acre tract. 1. SITE LOCATION: The property is located on the east side of Sunset Lane, south of Baseline Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The church property is located in an area of mixed zoning and uses. A variety of residential and nonresidential uses are located along Baseline Road. A residential neighborhood, containing a variety of residential types, extends to the south. The proposal is to allow a day care within the existing church. The playground areas are located on the north side of the building, away from the residential area. A previous church had a day care at one time but no C.U.P. had been approved. Allowing the church to operate a day care center within the existing facility is an appropriate use. Notice of the public hearing was sent to allow owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Upper Baseline, Windamere and SWLR United for Progress Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: The day care is to have an enrollment of 75 children with 15 employees, requiring 22 on -site parking spaces. The site contains 93+ paved parking spaces. There is more than sufficient parking and drop-off area to accommodate the day care. 4. SCREENING AND BUFFERS: No Comments. January 6, 2011 ITEM NO.: 10 (Cont.) FILE NO.: Z-8625 5. PUBLIC WORKS COMMENTS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Sunset Lane for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline. 2. Provide a revised survey that is to scale. 6. UTILITY. FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: NO OBJECTIONS; All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required or regarding the size and location of the water meter. A Capital Investment Charge based on the size of the meter connections(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. 2 January 6, 2011 M NO. 10 (Cont. FILE NO.: Z-8625 County Planning: No Comments. CATA: A CATA bus route is located just north of this site, at Baseline and Stanton. SUBDIVISION COMMITTEE COMMENT, (DECEMBER 9, 2010) The applicant, Mr. McFadden, was present. Staff presented the item and noted additional information was needed regarding days and hours of operation, number of employees and signage. Public Works and Utility Comments were noted. Commissioner Laha questioned the age and ownership of the survey. The applicant was advised to provide responses to staff issues by December 15, 2010. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Exalters of Christ Ministries International Church occupies the R-2 zoned, 5± acre tract located at 8923 Sunset Lane. The property contains a sanctuary and ancillary buildings, paved parking lots and playground area. The church is requesting approval of a C.U.P. to allow for operation of a day care center, utilizing some of the existing church facilities. The day care is to have an enrollment of 75 children with 15 employees. Days and hours of operation are proposed as Monday through Friday, 6:00 a.m. to 6:00 p.m. Signage will consist of the word "daycare" on the awning over the entry door into the day care area. To staff's knowledge, there are no outstanding issues. The previous church that occupied this site operated a day care but no C.U.P. had been approved. All elements; including playground, parking and buildings are in place. There is no bill of assurance for this acreage tract. An updated survey has been submitted and a legal description prepared for right-of-way dedication for Sunset Lane. Allowing a day care center to be operated within the existing church is an appropriate use. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 3 January 6, 2011 ITEM NO.- 10 (Cont. FILE NO.: Z-8625 PLANNING COMMISSION ACTION: (JANUARY 6, 2011) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlines in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 7 ayes, 0 noes, 1 absent, 1 recusing (Laha) and 2 open positions. 2 SUBDIVISION CONMTTEE COMMENTS DECEMBER 9, 2010 ITEM NO.: 10. EXALTERS OF CHRIST DAY CARE CONDITIONAL USE PERMIT — 8923 SUNSET LANE Z-8625 Planning Staff Comments: 1. There is no Bill of Assurance for this acreage tract. 2. Provide days and hours of operation. 3. Provide number of employees. 4. Provide signage plan. 5. Indicate any new fencing. Variance/Waivers: • None requested. Public Works: 1. Due to the proposed use of the property, the Master Street Plan specifies that Sunset Lane for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline. 2. Provide a revised survey that is to scale. Utilities. and Fire ftartment/County Planniaa Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: NO OBJECTIONS; All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required or regarding the size and location of the water meter. A Capital Investment Charge based on the size of the meter connections(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certfiied Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. County Planning: No Comments. CATA: A CATA bus route is located just north of this site, at Baseline and Stanton. ITEM NO.: 10. CON'T Z-$625 Planning Division: No Comments. Landscape: No Comments. Other: Submit responses to staff comments and four (4) copies of revised site plan, (if required), no later than Wednesday December 15, 2010. Required notices must be sent via certified mail not later than Wednesday December 22, 2010 and proof of notification returned to staff by December 30, 2010.