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HomeMy WebLinkAboutZ-5905 Staff AnalysisNovember 29, 1994 ITEM NO.: 25 FILE NO.: Z-5905 NAME• LOCATION• OWNERIAPPLICANT• PROPOSAL: ORDINANCE DESIGN STANDARDS: 1. Site Location Holy Souls Day Care Center - Conditional Use Permit 824 North Harrison Our Lady of the Holy Souls Catholic Church; Fr. David LeSieur, Pastor A conditional use permit is requested to allow the conversion of this existing, R-3 zoned residential structure into a day care center with an enrollment of 60 children. A variance is requested to allow an addition with a reduced rear yard setback of 8 feet. The ordinance requires a 25 -foot rear yard setback. A variance is also requested to allow the proposed addition to have a reduced side yard setback. A proposed landing and stairs will extend to within a few inches of the south side yard. A waiver of the on-site parking requirement is also requested. The applicant proposes to utilize other church parking lots in the vicinity of this site. The property is located at the southwest corner of "H" Street and North Harrison Street. 2. Compatibility with Neighborhood The proposed day care center is located within a predominately single-family residential neighborhood, at the western fringe of the Hillcrest neighborhood. Within approximately three blocks of this site are several institutional uses including an elementary school, Forest November 29, 1994 SUBDIVISION ITEM NO.: 25 (Cont.) FILE t1O.: Z-5905 Heights Jr. High, the Francis Allen School, Holy Souls Church and school and the Mount St. Mary's campus. Staff feels that further institutional infringement into this area will harm the integrity and livability of the residential neighborhood. 3. On -Site Drives and Parking This day care center will have an enrollment of 60 children and will have 10 employees; requiring 16 on-site parking, loading/ unloading spaces. The applicant proposes to construct a drop-off drive which will accommodate four vehicles. The remaining parking requirement is proposed to be met by utilizing other church parking lots in the immediate vicinity. 4. Screening and Buffers The proposed playground must be screened to protect the adjacent residential property. 5. City Engineer Comments Dedicate right-of-way to 30 feet from centerline on "H" Street and construct one-half of collector standard street improvements. Dedicate right-of-way to 25 feet from centerline on Harrison Street and construct one-half of residential standard street improvements. Traffic Engineering recommends denial. The proposed drop-off area has insufficient sight distance for access. 6. Utility Comments No comments 7. Analysis The applicant requests a conditional use permit to allow for the conversion of an existing, single-family residential structure into a day care center with an enrollment of 60 children with 10 employees. variances are requested to allow an addition with reduced rear and side yard setbacks. A waiver of the on-site parking requirement is requested. Staff is opposed to the proposed day care center and bases its opposition on several factors. This single-family residential neighborhood has already been impacted by several non-residential, institutional uses. The Holy Souls Catholic Church and school currently occupies November 29, 1994 SUBDIVISION ITEM NO • 25 {Cant.) FILE NO.: Z-5905 three full City blocks located northeast of "H" Street and Harrison Street. The Francis Allen School for Exceptional Children occupies property at "H" Street and Tyler Street with a parking lot located at "G" Street and Tyler Street. An elementary school occupies one city block at "F" Street and Harrison Street. The large Forest Heights Jr. High School campus is located at "H" Street and Filmore Street. Finally, the Mount St. Mary's campus is located at "H" Street and Kavanaugh Blvd. Staff feels that further institutional intrusion into this area will harm the integrity and livability of the residential neighborhood. This portion of "H" Street is hilly and particularly dangerous. This property is located at the crest of a hill which offers very limited visibility of eastbound traffic on "H" Street. Staff feels that the proposed drop-off could create situations where traffic is stacked into "H" Street at a point where eastbound traffic crests a hill, creating a potentially congested and dangerous situation. In order to accommodate the proposed enrollment of 60 children, the applicant proposes to add a 1960 square foot addition to the existing 1,400 square foot structure. The proposed addition will have reduced rear and side yard setbacks and the existing home already has a reduced front yard setback. There is no room on the site for parking, resulting in the applicant requesting a total waiver of the on-site parking requirement. Persons entering the day care center will have to park on other church owned parking lots and walk across "H" Street to the site. Staff feels that the proposed development is an overbuilding of the lot. 8. Staff Recommendation Staff recommends denial of this application as being incompatible with the neighborhood, an intense overbuilding of the site and unable to meet ordinance standards for setbacks and parking requirements. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 10, 1994) The applicant was present. Staff presented the item and noted the Landscaping and City Engineer Comments outlined above. A lengthy discussion then followed concerning the lack of parking and the proposed drop-off area. The applicant was advised to rework the site plan to provide for a better drop-off arrangement. M November 29, 1994 SUBDIVISION ITEM NO • 25 Cont.) FILE MO.;_Z-590a The Committee then briefly discussed the setbacks of the proposed building. The item was then forwarded to the full Commission for final resolution. PLANNING COMMISSION ACTION: (NOVEMBER 29, 1994) The applicant, Fr. David LeSieur, was present. There were several objectors present. Letters in opposition to the proposed day-care center had been presented to the Planning Commission prior to the beginning of the meeting. Staff presented the item and a recommendation of denial. Dana Carney, of the Planning Staff, informed the Commission that a revised site plan had been submitted which increased the size of the proposed addition to 2,040 square feet. The drop-off area had also been redesigned. Mr. Carney explained that the Planning staff still felt that the proposed use was too intense for the site and that the use was inappropriate for this neighborhood. Greg Peckham addressed the Commission on behalf of the applicant. He pointed out the revised drop-off design and stated that it waE done at the City Traffic Engineer's suggestion. Mr. Carney responded that the revised drop-off plan was suggested by the traffic engineer as being better than the initial plan but that it still did not address the concern of stacking traffic onto "H" Street. Mr. Peckham then gave a brief history on the reason the day-care center was being relocated. He stated that the existing day-care building on the St. John's campus was going to be remodeled for another use and that the Bishop had directed the day-care center to vacate. Mr. Peckham stated that the traffic going to and from the proposed day-care center would not negatively impact traffic on "H" Street, even when combined with the traffic from the other uses in the area. He stated that the proposed drop-off design provided a sight distance of 250 feet which is adequate for safety. Mr. Peckham continued by stating that adequate parking is available across "H" Street on the Holy Souls campus. Mr. Peckham acknowledged that the addition would result in overbuilding of the site but stated that the addition would be architecturally designed to blend with the neighborhood. Mr. Peckham concluded by stating that the day-care center was a "ministry" of the church and not a commercial use. He stated that the day-care center would have to close if the conditional use permit was denied. Bruce Eddy, a parent of a child at the day-care center, addressed the Commission. He stated that closing the day-care center would have a negative impact on the children. He then introduced his 4 November 29, 1994 SUBIDIVISION ITEM NO.: 25 (Cont.) FILE NO.: Z-5905 daughter to the Commission and continued at some length extolling the values of the Holy Souls day-care center. Commissioner Willis stated that he had concerns about traffic and the overbuilding of the site. David Scherer, of the Public Works Department, addressed the Commission. He stated that Public Works was opposed to the issue due to a lack of an adequate and safe drop-off area. He stated that Holy Souls was trying to do "too much on a small site." Paige Markman, another parent, addressed the Commission in favor of the proposed day-care center. Paul Crawford, Chairman of the Hillcrest Resident's Association Zoning Committee, addressed the Commission in opposition to the day-care center. He spoke of the increased traffic and of the impact of other institutional uses in the neighborhood. Andre Guerrero, of 5218 "G" Street, spoke in opposition to the proposed day-care center. He stated that the proposed day-care center would negatively impact the adjacent resident's quality of life. Mr. Guerrero stated that he understood the Bishop was forcing the day-care to move and questioned why it was not relocated elsewhere on the St. John's or Mount St. Mary's campuses. Craig Chotard, of 5219 "G" Street, spoke in opposition to the day-care center. He stated that he did not want to see this "commercial intrusion" into the neighborhood. He stated that the proposed day-care center would only compound a traffic problem which is already bad. Dr. Rristy McLendon, of 5207 "G" Street, spoke in opposition to the day-care center. She stated that the neighborhood could not support the additional traffic which the use would generate. Mr. and Mrs. T. J. Raney, of 804 N. Harrison, both spoke in opposition to the day-care center. Ginger Martin, of 822 N. Clarkson, stated that she too opposed the day-care center. Dr. John Graves, of 5218 "G" Street, spoke in opposition to the day-care center. He stated that a day-care center of this magnitude was a commercial operation and would degrade the residential neighborhood's environment. He also stated that the Bishop could change his mind and allow the day-care center to build on the St. John's campus. 5 November 291 1994 SUBDIVISION ITEM NO.: 25 (Cont ) FILE NO.: Z-5905 Theresa Kelone, of 814 N. Harrison St., spoke at length in opposition to the day-care center. She read from a letter which had been submitted to the Commission earlier. M. J. Connaughton, of 5222 "F" Street, spoke in opposition to the day-care center. He stated that traffic in the area was already congested. Jay Saniti, a parent of a child in the day-care center, spoke in favor of the proposed day-care center. In response to a question from Commissioner Willis, David Scherer of the Public Works Department, discussed the proposed improvements to "H" Street and its intersection with Van Buren/Kavanaugh Blvd. Mr. Scherer stated that the proposed improvements would turn "H" Street, east of Clarkson, into a one- way street and would limit access to the intersection at Van Buren to a right turn only. Commissioner McCarthy asked how the day-care center planned to handle traffic in and out of the center. Ms. Markham stated that several parents had agreed to work with the day-care center to direct traffic and bring children to and from the building and the parent's cars. Commissioner McCarthy then asked if there was land available on the St. John's campus for the day-care center. Mr. Peckham stated that the Bishop had said no land was available. He stated that this effort was a "last gasp" to save the day-care center. Commissioner Walker asked what the timetable was for the day-care center to vacate the building on the St. John's campus. The response was December 31, 1994. Commissioner Walker stated that he did not see traffic as a problem but that he was concerned about overbuilding of the site and the proposed use. He stated that he was sensitive to the feelings of the neighboring property owners. The question was then called and a vote was taken on the issue. The vote was 1 aye, 9 noes and 1 absent. The item was denied. 0