HomeMy WebLinkAboutZ-5468-A Staff AnalysisJune 3, 2010
ITEM NO.: 8 FILE NO.: Z -5468-A
NAME: Western Hills Methodist Church Day Care Center —
Conditional Use Permit
LOCATION: 4601 Western Hills Avenue
OWNER/APPLICANT: Western Hills United Methodist Church/Tom Herndon
PROPOSAL: A conditional use permit is requested to allow a day
care center to be operated in a portion of the existing
church located on this R-2 zoned, 5.6± acre tract.
SITE LOCATION:
The church is located on the northeast corner of Western Hills Avenue
and Melba Drive, approximately'/ mile south of Colonel Glenn Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The church is located on the eastern edge of the Western Hills
neighborhood. The city -owned First Tee golf course is located adjacent to
the north and east. Western Hills Elementary School is located across
Melba Drive to the south. The former Western Hills golf course and
Country Club are located further to the south. Single family homes are
located to the west, across Western Hills Avenue. Allowing the use of a
portion of this existing church facility for a small day care center appears
to be an appropriate use that is compatible with uses in the area.
All owners of properties within 200 feet of the site, all residents within 300
feet who could be identified and the Westwood and SWLR United for
Progress Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
Access to the site is via driveways onto both Western Hills Avenue and
Melba Drive. The site contains paved parking for 50+ vehicles. The day
care is proposed to have a maximum enrollment of 35 children with T staff
members, requiring 10 parking spaces. There is sufficient parking and
drop-off/pickup space to accommodate the proposed use.
4. SCREENING AND BUFFERS:
No comments on this use -only issue.
June 3, 2010
ITEM NO.: 8 (Cont.) FILE NO.: Z -5468-A
5. PUBLIC WORKS COMMENTS.
1. Western Hills Avenue is classified on the Master Street Plan as a
collector street. A dedication of right-of-way thirty (30) feet from
centerline will be required.
2. A twenty (20) foot radial dedication of right-of-way is required at the
intersection of Western Hills Avenue and Melba Street.
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.
A Capital Investment Charge based on the size of the meter connection(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 (10) 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: May require fire sprinkler system and fire hydrant.
Contact Fire Marshall's office at 918-3757.
County Planning: No Comments.
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June 3, 2010
ITEM NO.: 8 Cont. FILE NO.: Z-546
CATA: The site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (MAY 13, 2010)
The applicants were present. Staff presented the item and noted little additional
information was needed. In response to a question from staff, the applicants
indicated no new signage or fencing would be erected. In response to a question
from the Committee, the applicants stated the age of the children was anticipated
to be up to 3 to 4 years old.
Utility and Public Works Comments were discussed. The applicants were
advised to contact those agencies if there were any questions.
The Committee determined there were no outstanding issues and forwarded the
item to the full Commission.
STAFF ANALYSIS
Western Hills United Methodist Church occupies the R-2 zoned, 5.6 ± acre tract
located at 4601 Western Hills Avenue. The site contains two church buildings
and paved parking and driveways. The Children's Learning Center of Pulaski
Heights United Methodist Church in collaboration with Western Hills UMC are
requesting approval of a conditional use permit to allow the operation of a day
care center utilizing a portion of the existing Western Hills UMC facility.
The maximum proposed enrollment is 35 children with up to 7 employees. Days
and hours of operation are proposed as Monday through Friday, 7:30 a.m. to
5:30 p.m. The playground area is located adjacent to the church building. No
changes are proposed to the site.
Staff believes the proposed day care center is an appropriate use. The day care
will be utilizing a portion of an existing church facility. There is more than
sufficient parking and drop-off/pick-up area to accommodate the use. To staff's
knowledge there are no outstanding issues. There is no bill of assurance for this
acreage tract.
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP subject to compliance with the
following conditions:
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June 3, 2010
ITEM NO.: 8 (Cont.) FILE NO.: Z -5458-A
1. Compliance with the comments and conditions in Sections 4, 5 and 6 of the
agenda staff report.
2. Compliance with all applicable building code, fire code and state code
requirements for use of this existing facility for the proposed use.
PLANNING COMMISSION ACTION: (JUNE 3, 2010)
The applicants were present. There were three objectors present. One letter of
opposition had been received from the Westwood Neighborhood Association.
Staff presented the item and a recommendation of approval, subject to
compliance with the comments and conditions outlined in the "staff
recommendation" above.
Courtney Frizzel, program director for the Pulaski Heights UMC Children's
Learning Center, stated they were working with Western Hills UMC to provide
quality child care for area residents.
Tom Herndon, a trustee with Western Hills UMC, stated there was a need for
quality childcare in the area. He stated the childcare would provide jobs and
would allow others to go to work.
Of the three persons who turned in cards in opposition to the item, Eric Hale and
Michelle McElway indicated they did not wish to speak.
Roderick Dunn, president of the Westwood Neighborhood Association, spoke in
opposition to the item. He stated the Association opposed days care centers in
the neighborhood. Mr. Dunn quoted from the letter the Association had submitted
in which he referenced the neighborhood action plan. In that plan, the
neighborhood stated its opposition to any additional daycares in the area other
than for along Col. Glenn Rd. He stated there were several day cares located
along Col. Glenn and there was no need for this day care.
Ms. Frizzel reiterated the need for additional childcare in the area. She noted the
presence of two nearby elementary schools and the State's Workforce Center.
Commissioner Rouse commented that there was an elementary school directly
across the street. He asked Mr. Dunn how allowing this church to have a day
care center would harm the neighborhood. Mr. Dunn responded that the school
was existing and the neighborhood opposed any new day cares. Commissioner
Rouse responded that he saw this as a different case since the church was an
existing institutional use.
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June 3, 2010
ITEM NO.. 8(Cont.)FILE NO.: Z -5458-A
Chairman Yates asked staff to comment on the action plan and to explain staff's
recommendation, which appeared to be in contrast to the plan. Director of
Planning Tony Bozynski responded that those plans were guidelines supported
by both the City Board and Planning Commission. Mr. Bozynski stated this was a
unique situation in that the day care was proposed to be located in an existing
church that was actually located on the edge of the neighborhood in an institution
area that contained the church, an elementary school and a City golf course. He
stated access to the site was from a collector street.
A motion was then made to approve the application subject to compliance with all
staff comments and conditions. The motion was approved by a vote of 9 ayes,
0 noes and 2 absent.
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