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HomeMy WebLinkAboutZ-6175-A Staff AnalysisMay 11, 2000 ITEM NO.: 27 FILE NO.: Z -6175-A NAME: Hall Day Care - Revised Conditional Use Permit LOCATION: 2723-2725 South Broadway OWNER/APPLICANT: Bobby & Carol Hall PROPOSAL: To revise an existing conditional use permit to increase the capacity of an existing day care from 20 to 34 children, located a 2723-2725 South Broadway, on property zoned R-3, Single Family Residential. ORDINANCE DESIGN STANDARDS: 1. SITE LOCATION: This existing day care site is located on the east side of South Broadway near the intersection with 28th Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: This site is zoned R-3, Single Family Residential, and is surrounded by properties zoned R-3 and R-4, Two Family Residential. This is a well established neighborhood of one and two family residences. The original day care had a capacity of 20 children and Staff believed that could be compatible with the neighborhood. The proposed new capacity is 34 children. Staff believes that number would overload the site and no longer be compatible with the neighborhood because of increased noise, activity and traffic. The Meadowbrook Neighborhood Association was notified of the public hearing. 3. ON SITE DRIVES AND PARKING: This site has two driveways from South Broadway since each side of the original duplex had a driveway. The applicant has widened both driveways so that two cars can park side by side on each driveway. These areas May 11, 2000 SUBDIVISION ITEM NO.: 27 (Cont. FILE NO.: Z -6175-A are intended to be child drop off areas with additional parking for two employees behind the house and next door on the owners property if needed. Thirty-four children and three staff members would generate a requirement for six parking spaces. Those are shown on the site plan. The applicant has also added to the over all site plan three parking spaces on his property immediately to the north. 4. SCREENING AND BUFFERS: A six foot screen must be installed south of the employee parking area. 5. PUBLIC WORKS COMMENTS: a. Driveways shall conform to Sec. 31-210 or Ordinance 18,031 (Close one driveway). b. Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. c. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. d. Plans of all work in right-of-way shall be submitted for approval prior to start of work. e. Revise parking plan for customers and employees. 6. UTILITY, FIRE DEPT.AND CATA COMMENTS: No objections. 7. STAFF ANALYSIS: The applicant has requested a revision to an existing conditional use permit to raise the capacity of his day care center from 20 to 34 children. To qualify for the higher capacity, two more on site parking spaces were added. The hours would remain from 6:30 a.m. to 5:45 p.m., Monday -Friday. Staff has concerns that this proposed increase in capacity would overload the site due to the increased activity, noise and traffic, and therefore, have a negative impact on the neighborhood. This larger number of children moves the operation into a more commercial K May 11, 2000 SUBDIVISION ITEM NO.: 27 (Cont.) FILE NO.: Z -6175-A level of operation and changes requirements and related impacts. The lots in this area are narrow, resulting in the houses being close together. Side yards are very small. Staff believes that for those reasons the larger operation would be more likely to have a• negative impact from the increased activity and associated noise. The widened front driveways to accommodate the increased capacity will increase the number of cars backing out into South Broadway very close to the intersection with 28th Street. Public Works believes that would be an undesirable situation at best, and possibly a dangerous situation at times. Based on the above comments, Staff believes the increased capacity would cause the site to have an adverse impact on this neighborhood. 8. STAFF RECOMMENDATION: Staff recommends denial of the increase in capacity of children from 20 to 34. SUBDIVISION COMMITTEE COMMENTS: (APRIL 20, 2000) Bobby Hall was present representing his application. Staff gave a brief description of the proposal. Public Works reviewed their comments and expressed their concern about the parking arrangement which forces cars to have to back out into Broadway. They stated they would prefer the.front parking area be turned 90 degrees and have one access onto Broadway constructed in a way that allows cars to pull out, not back out. Mr. Hall stated he did not feel the parking exiting would be a problem because of the low volume of traffic on this part of South Broadway, and so he wanted to -leave the parking as shown on the site plan. Staff also reviewed the additional screening that would be required from the residence to the south. 3 May 11, 2000 SUBDIVISION ITEM NO.: 27 (Cont.) FILE NO.: Z -6175-A There being no further issues, the Committee accepted the proposal and forwarded the item to the full Commission for final action. PLANNING COMMISSION ACTION: (MAY 11, 2000) Bobby Hall was present representing his application. There were no registered objectors present. Staff presented the item with a recommendation for denial based on the belief that the proposed increase in capacity would overload the site due to the increased activity, noise and traffic. Therefore, Staff felt the proposed increase would have a negative impact on the neighborhood. Mr. Hall commented that this use would not be incompatible with the neighborhood, nor have any adverse impact on the neighborhood. He stated that because of the location of this site near the end of South Broadway, the traffic is not through traffic, is very light and mainly only the residents who live there. Therefore, he felt that there would not be any problem caused by traffic to his site. He also disagreed that there would be any noticeable increase in noise from the added children, and that the times of operation correspond with times the nearby neighbors are at work. So even if there was some noise during recess, the neighbors won't be there to hear it. He mentioned that he had never received any complaints, nor was he aware of any problems because of his daycare. He also referred to the letter from the Meadowbrook Neighborhood Association which endorsed the proposal. He added that he felt his daycare had improved the neighborhood because he purchased a run down house, turned it into an attractive facility, and a daycare to serve the people in the neighborhood. He stated he has people on a waiting list to use the facility, which shows the increase in capacity is also wanted by the neighborhood. Commissioner Earnest commented that he didn't see negative impacts in this situation and would support the proposal. Commissioner Berry acknowledged the comments and conclusions. He added be evaluated on its own merits and neighborhood. He agreed that in som 4 reasoning behind the Staff that each situation has to on the reaction of the e locations this size of May 11, 2000 SUBDIVISION ITEM NO.: 27 (Cont.) FILE NO.: Z -6175-A operation could have negative impacts on a neighborhood. However, based on the particulars of this location, and the lack of neighborhood opposition, he could support this particular proposal. A motion was made to approve the application as submitted with the requirement to complete the six foot privacy fence on the south side of the property from the existing fence west to the back edge of the house. The motion passed by a vote of 8 ayes, 0 nays, 2 absent, and 1 open position. 5