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HomeMy WebLinkAboutZ-5797 Staff AnalysisMay 3, 1994 ITEM NO.: F FILE NO.: Z-5797 NAME: LOCATION• OWNER/APPLICANT: PROPOSAL: ORDINANCE DESIGN STANDARDS: 1. Site Location Byrd Day Care Center - Conditional Use Permit 3205 Zion Street Brenda J. Byrd A conditional use permit is requested to allow for the conversion of this R-3 zoned, single family residential structure into a day care center with a maximum enrollment of 15 infants and toddlers. The site is located on the east side of Zion Street, between West 32nd and West 33rd Streets; in the John Barrow neighborhood. 2. Compatibility with Neighborhood The proposed day care center is located in the middle of an exclusively single family neighborhood. All surrounding properties are zoned R-3 and are occupied by small single family homes. Staff questions the appropriateness of this proposed commercial use being placed in the heart of a stable, single family residential neighborhood. The proposed day care center would be better located on John Barrow Road or West 36th Street, the minor arterial streets located four blocks west and south of this site respectively. 3. On -Site Drives and Parkin The applicant proposes a maximum enrollment of 15 infants and toddlers with two employees. The ordinance requirement is one on-site parking space per employee plus on-site loading and unloading spaces at a rate of one for each ten children. The site plan as submitted shows only one on-site parking space. The applicant states that she will be transporting the children to and from the day care center and the additional spaces are not needed. May 3, 1994 ITEM NO.: F Continued FILE NO.: Z-5797 4. Screening and Suffers The applicant proposes to convert the rear yard of the site into a playground. This area must be enclosed by a 6 foot high opaque fence to screen the playground activity from the adjacent single family homes. 5. City Engineer Comments Dedicate additional 5 feet of right-of-way on Zion Street. Provide parking for drop-off and employees. 6. Utilit Comments No comments 7. Analysis The request before the Commission is a conditional use permit to convert this R-3 zoned, single family residential structure into a day care center with a maximum enrollment of 15 infants and toddlers. This property is located in the heart of an older, stable, single family residential neighborhood. The proposed day care center requires a total of four on-site parking spaces for employees and drop-off/pickup of children. The site currently has one on-site parking space and is not designed to easily allow the construction of additional spaces. This is not an application for a day care family home but rather for a day care center to be located within this residential neighborhood. Due to the intensity of the proposed use and the inability of the site to accommodate the required on-site parking, staff is not supportive of this request. 8. Staff Recommendation Staff recommends denial of this application as being incompatible with the neighborhood and unable to comply with ordinance requirements for on-site parking and drop-off/pickup spaces. SUBDIVISION COMMITTEE COMMEt+IT: (MARCH 3, 1994) The applicant, Brenda Byrd, was present. Staff presented the item and pointed out several items of concern. 2 May 3, 1994 ITEM NO.: F (Continued) _ FILE NO.: Z-5797_ Staff informed the Committee of the parking requirement and the lack of parking associated with this application. Ms. Byrd stated that she had a van and would pick up and deliver the children each day. Ms. Byrd was advised of staff's recommendation concerning the playground screening and the City Engineer comments regarding right-of-way dedication. Staff informed Ms. Byrd that additional details are needed on any proposed signage as well as the days and hours of operation. The Committee instructed Ms. Byrd to provide staff with the needed information. The item was forwarded to the full Commission for final resolution. PLANNING COMMISSION ACTION: (MARCH 22, 1994) The applicant, Brenda Byrd, was present. There were no objectors present although three letters of opposition had been received. Due to the extreme length of the meeting, the applicant had left to go to work. Prior to leaving Ms. Byrd had asked staff to relay her request to have her application deferred. Dana Carney, of the Planning staff, informed the Commission of Ms. Byrd'd request and the Commission voted to defer her application to the May 3, 1994 Planning Commission meeting. The vote was 9 ayes, 0 noes, and 2 absent. SUBDIVISION COMMITTEE COMMENT: (APRIL 14, 1994) The applicant was not present. Staff informed the Committee that the applicant was considering amending her application to a "day care family home." Staff informed the Committee that no formal request to amend the application had been received. The Committee then forwarded this item to the full Commission for final resolution. PLANNING COMMISSION ACTION: (MAY 3, 1994) The applicant, Brenda Byrd, was present. There were no objectors present. Dana Carney, of the Planning Staff, presented the item and informed the Commission that Ms. Byrd desired to amend her application to a special use permit for a day care family home. Ms. Byrd addressed the Commission and confirmed her wish to amend the application. 3 May 3, 1994 ITEM NO.: F [Continued] _ FILE NO.: Z-5797 At Commissioner Oleson's request, Mr. Carney read the ordinance regulation governing a day care family home. Those regulations are as follow: a. This use may be located only in a single family home, occupied by the caregiver. b. Must be operated within licensing procedure established by the State of Arkansas. C. The use is limited to ten children including the caregivers. d. The minimum to qualify for special use permit is six children from households other than the caregivers. e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. A motion was made to approve the amended application for a special use permit to allow a day care family home. The vote was 8 ayes, 0 noes and 3 absent. 4