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HomeMy WebLinkAboutZ-4985-F Staff AnalysisFebruary 19, 2009 ITEM NO.: 3 FILE NO.: Z -4985-F NAME: Cia Day Care Center Conditional Use Permit Time Extension LOCATION: 2407 Battery Street OWNER/APPLICANT: Monica Cia PROPOSAL: One year time extension of previously approved conditional use permit to allow use of this existing structure as a day care center. STAFF REPORT; The lot located at 2407 Battery Street is occupied by a one-story, frame, residential -style structure and a concrete -paved parking lot. The property was previously zoned PCD and was part of a larger PCD located to the east. At one time, this structure was physically attached to the larger PCD. This structure was subsequently separated from the larger structure and the property was sold. On January 19, 2006, the Planning Commission approved a conditional use permit to allow use of this building as a day care center and also voted to recommend revocation of the PCD zoning for this lot. On February 21, 2006, the Board of Directors passed Ordinance No. 19,488 which revoked the PCD for this lot and restored the previous R-4 zoning. Section 36-108.(c ) of the code sets a three year time period for activation of an approved conditional use permit. Failure to obtain required permits within three years of approval results in the C.U.P. being voided. During the three years since approval of C.U.P., the applicant has had several parties interested in the building for use as a day care center. For a variety of reasons, each has chosen not to use this site. The applicant is continuing to market the site for rent as a day care. In addition, she is considering renewing her own day care licensing so that she may operate the day care. The applicant has requested a one-year extension of the C.U.P. approval. Since the date of approval, only one significant change has occurred in the immediate neighborhood. The former Mitchell School property located across Battery Street to the west has been rezoned to PCD for a mixed use development. Staff is supportive of allowing a one-year time extension, subject to compliance with all previously required conditions. A copy of the January 19, 2006 Commission minute record is attached for the Commission's information. February 19, 2009 ITEM NO.: 3 (Cont.) FILE NO.: Z -4985-F STAFF RECOMMENDATION: Staff recommends approval of a one-year time extension until January 19, 2010, subject to compliance with all previously required conditions as attached in zoning case file Z -4985-F. PLANNING COMMISSION ACTION: (FEBRUARY 19, 2009) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 7 ayes, 0 noes and 4 absent. 2 January 19, 2006 ITEM NO.: 6 FILE NO.: Z -4985-F NAME: Cai Day Care Center — Conditional Use Permit and PCD Revocation LOCATION: 2407 Battery Street OWNER/APPLICANT: Monica Cai PROPOSAL: A conditional use permit is requested to allow use of this existing structure as a day care center. The property is currently zoned PCD. The applicant is requesting approval of the revocation of the PCD zoning and restoration of the previous R-4 zoning. 1. SITE LOCATION The property is located on the east side of Battery Street; Y2 block north of Roosevelt Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located in an area that has a mixture of residential and institutional uses. A church is located one lot to the south. The large, PCD zoned building to the east has gone through several use proposals and revisions. The most recent, in 2002, allowed its use as a day care. The former Mitchell School is located to the west. This building is now being proposed for redevelopment as housing for unwed mothers. Single family and two family homes are located in the general vicinity surrounding the site. Use of this structure for a relatively small day care should be compatible with the neighborhood. All owners of property located within 200 feet of the site, all residents within 300 feet of the site who could be identified and the Southend Developers and Southend and Wright Avenue Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The entire front yard of the lot is paved; a vestige of its previous use as a day care. A day care center for 18 children with 4 employees requires 5 parking spaces. A day care center for 12 adults with 3 employees requires 4 parking spaces. There is space to park 2-3 vehicles on the site so that they do not back into the street. The applicant has committed to leaving parking on the site for patrons. The employees will park on the street. There is adequate on street parking since the school across the January 19, 2006 ITEM NO.: 6 (Cont.) FILE NO.: Z -4985-F street closed. The applicant will also continue to try to obtain parking from the church located to the south. 4. SCREENING AND BUFFERS: All improvements and parking area are existing. Screening should be installed along the north and south perimeters of the site. 5. PUBLIC WORKS COMMENTS: With the current location of the driveway and parking area, vehicles back onto Battery Street and create unsafe driving conditions. 6. UTILITY FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: No objection to use as daycare center. Contact Central Arkansas Water if larger and/or additional water meter(s) are needed. Fire Department: Five sprinklers may be required; fire hydrant may be required. Contact LRFD Fire Marshall at 918-3710. County Planning: No Comments. CATH: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 22, 2005) The applicant was present. Staff presented the item and noted additional information was needed regarding days and hours of operation, signage, site lighting and dumpster location. Staff asked the applicant to provide a parking plan. Staff noted that approval was being sought for either a child day care for 18 children or an adult day care for 12 adults. Utility, Public Works and Landscape Comments were noted. The applicant was advised to contact those individual agencies. 2 January19, 2006 ITEM NO.: 6 FILE NO.: Z -4985-F Staff believes the proposed day care is an appropriate use for this site. To staff's knowledge, there are no other outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the C.U.P. and PCD revocation subject to the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. All outdoor activities are to be limited to daylight hours. 3. Compliance with all applicable fire code and building code requirements for conversion of this structure into a day care center. 4. Parking is to be designed so that vehicles enter and exit the site in a forward motion. There is to be no backing into the street. 5. The PCD must be revoked for the C.U.P. to be valid. Staff recommends approval of the parking variance to allow some on -street parking. PLANNING COMMISSION ACTION: (JANUARY 19, 2006) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation" above. Staff also recommended approval of the parking variance. Staff had earlier informed the Commission that the City's Traffic Engineer had agreed that the "no parking" signs on the west side of Battery Street could now be removed since the Mitchell School was closed. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff, including all comments and conditions. The vote was 10 ayes, 0 noes and 1 absent. 4 January 19, 2006 ITEM NO.: 6 (Cont. FILE NO.: Z -4985-F Staff noted that the property was currently zoned PCD and the applicant needed to request revocation of the PCD. The applicant was advised to respond to staff issues by Wednesday, December 28, 2005. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The lot located at 2407 Battery Street is occupied by a one-story, frame, residential style, structure and a concrete -paved parking area. The property is zoned PCD and is part of a larger PCD that includes the property to the east. At one time, this structure was physically connected to the larger structure to the east. The connection has been removed. The overall PCD has a lengthy history, which included the use of the buildings for a variety of uses; including day care, duplex residence plus a fairly lengthy list of 0-1 uses. In 1999, the PCD was revoked. In 2002, the then -owner requested renewal of the PCD, which included the full range of previously, approved uses. The Commission denied the request, while stating the property was more appropriate for use as a day care. The Board also denied the applicant's request and approved the PCD for day care only. The record is somewhat unclear about the specific approved use of this lot; whether duplex or day care. In any case, the PCD approved was over three years ago and the structure on this lot has now been physically separated from the larger building. Staff believes it is appropriate to revoke the PCD zoning for this lot, restoring the R-4 zoning and then approving a C.U.P. for the proposed day care use. The applicant is requesting approval of the PCD revocation and of a conditional use permit to allow a day care center. The applicant proposes to have either a day care center for 18 children with 4 employees or a day care center for 12 adults with 3 employees. The use will be either one or the other, not both at the same time. Days and hours of operation are proposed as Monday through Friday, 6:00 a.m. to 12:00 midnight. Signage will consist of a 3'X 8' wall sign on the front fagade of the structure. There will be no dumpster. The applicant proposes to utilize trash cans and private pick-up. No changes are proposed in site -lighting, which currently consists of security lighting on the perimeter of the site. Privacy fencing is located on the north and south perimeters of the site. The 1890 bill of assurance does not address use issues. The entire front of the lot is paved and has been used for parking. Staff does not support allowing vehicles to back into the street. Parking needs to be designed, perhaps with the use of striping, so that vehicles enter and exit the site in forward motion. There is parking on the site to accommodate 2-3 vehicles. The applicant has stated the on-site parking will be reserved for patrons. Employees will utilize on -street parking. There is sufficient on -street parking available since the elementary school located across the street closed. 3