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HomeMy WebLinkAboutZ-6742-A Staff AnalysisFILE NO.: Z -6742-A NAME- Miss Cat's Child Development Center — Revised Conditional Use Permit LOCATION: 8500 Mize Road OWNER/APPLICANT: Beulah Turner PROPOSAL: A revised conditional use permit is requested to allow for the expansion of uses and activities related to the existing day care center on this R-2 zoned 4.6t acre tract. 1. SITE LOCATION: The property is located at the northern terminus of Mize Road, 3 to 4 blocks north of Baseline Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located at the fringe of a predominantly single family neighborhood. R-2 zoned, single family residences are located south of the site, extending to Baseline Road. Single family homes are located to the north and a small mobile home park is adjacent to the west. The property immediately to the east is vacant. Nonresidential uses are located in the general vicinity along Avery Road, Scott Hamilton and Baseline. This site is occupied by a building that formerly housed a nursing home. The nonconforming nursing home was annexed into the City in 1985. Staff does feel there is some sensitivity to the site due to its proximity to the residential uses and the fact that access to the site is through the residential neighborhood. Allowing an increase in activity beyond the previously approved day care center could have a negative impact on the neighborhood. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Upper Baseline and SWLR United for Progress Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The site is accessed via a single driveway off of the end of Mize Road. That driveway also provides access to the adjacent mobile home park. There appear to be 51 parking spaces on the site. The previously approved day care with 150 children, 11 employees and 6 day care vans FILE NO.: Z -6742-A requires 32 parking spaces. The additional proposed uses; 8 additional vans, an adult day care for 50 clients and 15 employees and a transitional foster care program for 30 children and 10 employees require an additional 41 parking spaces. The duplex on the site requires 3 spaces and allowing conversion of a portion of the large building into 2 apartments requires 2 more spaces for a total required number of 78 parking spaces. 4. SCREENING AND BUFFERS: No Comments, 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS - Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: Approved as submitted. Southwestern Bell: Approved as submitted. Water: The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Fire Department: This proposed use must pass a fire department day care inspection. County Planning: No Comments received. CATA: No Comments received. SUBDIVISION COMMITTEE COMMENT: (AUGUST 28, 2003) The applicant, Beulah Turner, was present. Staff presented the item and noted there were no site plan issues. Staff made note of the applicant's cover letter in which she outlined the proposed changes from the previously approved C.U.P. Commissioner Rector asked Ms. Turner if it was possible for the vans to use Jamison Road, adjacent to the east, rather than Mize Road. Ms. Turner responded that she had no driveway extending to Jamison Road, which was itself not much more than a trail. Staff noted that they would look into the issue. The Committee forwarded the item to the full Commission. 2 LE NO.: Z -6742-A (Cont. STAFF ANALYSIS: The R-2 zoned, 4.7t acre tract located at 8500 Mize Road is occupied by a 34,000 square foot, one-story, frame and masonry, institutional building and a two-story, frame and masonry, duplex residential structure. The larger structure formerly housed a nursing home. The nursing home was nonconforming, having been annexed into the City in 1985. The nursing home closed and on September 30, 1999, the Planning Commission approved a conditional use permit to allow a day care center to be operated in the building. The Commission specifically approved a day care for 150 children with 11 full-time employees. The applicant, Beulah Turner, proposed to occupy the duplex. The day care was approved to use 6 vans to transport the children. Hours of operation were approved as Monday — Friday, 6:00 a.m. — 5:30 p.m. In response to complaints from neighborhood residents, staff conducted an investigation of the site and determined that activities on the site had increased beyond what was approved by the Commission. A cook, night watchman and Ms. Turner now have apartments in the former nursing home building. Ms. Turner has increased the number of vans to 14 and is using the vans for both the day care and for a Medicaid transportation provider service. The building is being used for activities and gatherings other than those related to the day care; such as church gatherings and Turner family gatherings. After being advised that she was in violation of the approved C.U.P., Ms. Turner filed this amended C.U.P. application. In addition to the day care as approved on September 30, 1999, Ms. Turner is now asking that the following changes be approved: • Daycare hours be increased from Monday — Friday, 6:00 a.m. — 5:30 p.m. to 24 hours a day, 7 days a week. ■ Apartments within the larger building for Ms. Turner and the night watchman and cook. • That gatherings such as church fellowships and family gatherings be permitted to be held in the building. ■ Addition of an adult day care for 50 clients with 15 employees to be operated Monday — Friday, 6:00 a.m. — 6:00 p.m. • Addition of a transitional foster home for 30 children with 10 employees to be operated 24 hours a day, 7 days a week. • Increase the number of vans to 14 to be used for the day care and the Medicaid transportation provider service. Transportation to be run Monday — Friday, 6:00 a.m. — 6:00 p.m. 3 FILE NO.: Z -6742-A (Cont. No changes are proposed to the site. There is no bill of assurance that covers this property. Staff is not supportive of allowing activities on the site to expand beyond those approved by the Commission on September 30, 1999. The site is in close proximity to a single family neighborhood and access to the site is through that neighborhood. The increase in traffic generated by the proposed uses would negatively impact the neighborhood. Additionally, allowing multiple uses to locate on the site greatly changes the dynamics of the property. The amount of activity on the site would increase beyond that on the site even when it was occupied by the nursing home. That increased level of activity is not appropriate for this site. Beyond the issue of the level of activity on the site, the traffic issue could possibly be mitigated somewhat by putting a driveway through the east portion of the site to Jamison Road. Access could then be gained to 1-30 and to Scott Hamilton via Avery. Concerns with that option are the substandard condition of Jamison Road and the difficulty in monitoring and enforcing any requirement that Jamison be used. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2003) The applicant was present. There were several objectors present. Numerous letters of opposition had been received and forwarded to the Commission. Staff presented the item and a recommendation of denial. Staff informed the Commission that the required notices had been sent by the applicant 8 days prior to the Commission meeting, not 15 days as required by the Commission's bylaws. Staff surmised that the number of letters received and the number of neighborhood residents present were evidence that there was adequate notice of the proposal. Chairman Nunnley asked Pat Gee, president of the Upper Baseline Neighborhood Association, for her opinion on the notice issue. Ms. Gee responded that the neighborhood had adequate notice of the issue as evidenced by the large number of residents present at the meeting. She asked the Commission to proceed with hearing the item. A motion was then made to waive the Commission's bylaws and to accept the late notice. The motion passed with a vote of 10 ayes, 1 noe and 0 absent. Chairman Nunnley asked if the violations noted in the agenda still existed. Dana Carney, of the Planning Staff, responded that there were still violations, but that the neighbors could better address the specifics. rd FILE NO.: Z -6742-A (Cont. The applicant, Beulah Turner, addressed the Commission. She stated the day care only occupied a small portion of the building and she needed the additional uses to help pay for the property. Ms. Turner stated the additional day care hours were needed to accommodate parents who worked evenings and nights. She stated the cook and night watchman stay in one of the rooms and that did not constitute an apartment. Ms. Turner stated their presence had helped reduce crime on the site after hours. She stated her church had met at the site for special gatherings and the day care had programs as well. Ms. Turner repeated that the adult day care program was needed to help pay for the building. She stated she would no longer pursue the foster care program. Ms. Turner concluded by stating the vans were used for both the day care and Medicaid transportation program. Robert Gipson, of 13 Rocco Drive, stated the day care was already too large and generated too much traffic in the neighborhood. Dorothy Neighbors, of 8504 Mize Road #2, stated she had lived next door for 21 years. Ms. Neighbors voiced several concerns; including persons blocking her driveway, a late-night party on the site in July, a person performing a lewd act in her sight and Ms. Turner's threats to prohibit access through the day care property to Ms. Neighbor's home. Susie Drennan, of 20 Rocco Road, stated there was too much traffic generated by Ms. Turner's business. She stated there were 15-20 vehicles parked on the site every night. Mattie Watson, of 4 Hogan Drive, presented copies of letters and a petition signed by neighborhood residents in opposition to the proposal. Nan Howard, of 3 Hogan Drive, voiced her opposition. She stated hers used to be a quiet neighborhood prior to Ms. Turner starting her business. Richard Monday, of 5 Hogan Drive, voiced his opposition. Janet Berry, president of SWLR United for Progress, stated the membership of her organization had voted to oppose this application. She reiterated the neighbor's concerns about traffic, noise and after hours activities. Ruth Bell, of the League of Women Voters of Pulaski County, stated the League was usually in support of day cares as providing a needed service for working mothers. She stated the day care, as approved in 1999, seemed a reasonable use but these additional uses were inappropriate for this site. Pat Gee, president of the Upper Baseline Neighborhood Association, spoke in opposition and presented photographs of vehicles on the site. She stated the Little Rock Police Department had no record of break-ins at the site, invalidating Ms. Turner's claim that the night watchman was needed in response to crime on 5 FILE NO.: Z -6742-A the site. She stated recent traffic counts show 934 vehicles a day use Mize Road, much more than is typical for a 3 block long, dead-end residential street. Ms. Gee concluded by stating that Ms. Turner had not fulfilled all that she was required to from her 1999 approval. Ms. Turner responded by stating that some of the traffic on Mize Road was caused by persons trying to find the nearby City of Little Rock impound lot. She stated she could open a driveway onto Jamison Road, thereby relieving some traffic on Mize Road. Ms. Turner stated she could not control the acts of every person who comes onto her property and she urged Ms. Neighbors to call the police when she observes a lewd act taking place. Ms. Turner stated it was preferable to have the other uses rather than see the building fall down from disuse. Commissioner Lowry asked what had not been fulfilled from the 1999 approval. Dana Carney responded that, other than for the way Ms. Turner was using the property, he was not sure. He stated he was not sure if the required public access easements had been recorded. Ms. Turner stated the easements had been dedicated; that she had worked with Tad Borkowski of Public Works to fulfill that requirement. In the following discussion with Ms. Turner and members of the Commission, she stated she was not aware she could not expand operations on the site. Chairman Nunnley told Ms. Turner she had gone beyond what was approved in 1999. There was then a discussion of the number of employees and children on the site. Chairman Nunnley asked Ms. Turner if she now understood that she was bound by what was approved in 1999. Ms. Turner responded that she did. Pat Gee stated it was not the neighborhood's intent to run Ms. Turner out of business; that they did want the old building to be used. She stated the neighbors did have concerns about traffic. Commissioner Faust asked Ms. Turner if she was now amending the application to reduce the adult day care to 30 clients and to drop the foster care program. Ms. Turner responded affirmatively. Commissioner Faust asked Ms. Turner to elaborate on what happened in July, referring to the party alleged by Ms. Neighbors. Ms. Turner stated she hosted a church gathering after a funeral and some of the persons may have blocked Ms. Neighbors' driveway. In response to a question, Ms. Turner stated she would like to keep the request to expand the day care hours to 24/7. N FILE NO.: Z -6742-A (Cont. Chairman Nunnley stated he was not comfortable dealing with this issue at this time, with issues still being discussed. He asked if Ms. Turner was willing to meet with the neighbors to discuss their concerns. Ms. Turner responded that she would. Pat Gee stated the neighbors would prefer not to be put in that position. There was then a discussion of the actual scope of the application. Commissioner Rector told Ms. Turner that he felt she was unsure of the process; that she was not sure what she wanted. He told her she had to be specific in her request. Chairman Nunnley asked if Ms. Turner could withdraw her application. Deputy City Attorney Cindy Dawson responded that she could but she was under enforcement for violating the provisions of the 1999 approval. Commissioner Rector stated Ms. Turner could defer. Ms. Dawson stated the Commission needed to have the application clarified. Dana Carney stated the issue was not that confusing. He stated the Commission needed to go down the list of those items requested by Ms. Turner and have her confirm, item by item, what was now being requested. Mr. Carney stated Ms. Turner was not a neophyte when it came to this process; that she had been before the Commission on at least 3 prior occasions for this site and other sites where she had day care operations. Commissioner Faust went item by item with Ms. Turner and determined the amended application to now be: • The day care as approved in 1999 with 150 children and 11 employees. • Day care hours to remain as Monday — Friday, 6:00 a.m. — 5:30 p.m. ■ The cook and night watchman and their two children be permitted to live in the building. • No gatherings such as church fellowships and family gatherings be permitted in the building. There will be occasional day care programs. • No adult day care ■ No foster care program • Increase the number of vans from 6 to 14 to be used for the day care and the Medicaid transportation provider service. Transportation to be run Monday — Friday, 6:00 a.m. — 6:00 p.m. VA FILE NO.: Z -6742-A (Cont. • The number of employees be increased from 11 to 17. A driveway is to be installed onto Jamison Road. When asked to respond, Pat Gee stated the neighbors would be comfortable with the increased number of vans, if the driveway onto Jamison Road was used. Robert Gipson voiced opposition to the driveway if it would run directly behind his home. Robert Stebbins stated he was uncomfortable voting on a "moving target" and called the question. Commissioner Rector made a motion to approve the application as amended as follows: • Day care as approved in 1999 The cook, night watchman and their two children may live in the building. The number of employees be increased from 11 to 17. The addition of the Medicaid transportation provider service The number of vans be increased from 6 to 14. A driveway is to be installed from Ms. Turner's property onto Jamison Road within 30 days. The vote on the motion was 4 ayes, 6 noes and 1 absent. The motion failed. When Ms. Turner asked what she must now do, Chairman Nunnley responded that she must conform to the 1999 Conditional Use Permit approval. It was noted that Ms. Turner could appeal to the Board of Directors.