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HomeMy WebLinkAboutZ-7128 Staff AnalysisJanuary 17, 2002 ITEM NO.: 5 FILE NO.: Z-7128 NAME: Campbell Adult Day -Care Conditional Use Permit LOCATION: 1304 S. Taylor Street OWNER/APPLICANT: James and Sharon Campbell PROPOSAL: A conditional use permit is requested to allow this existing residential structure to be converted into an adult day-care center with a maximum enrollment of 15 persons. The property is zoned R-2. ORDINANCE DESIGN STANDARDS: 1. SITE LOCATION: The site is located on the west side of S. Taylor Street; 1 '-� blocks south of West 12th Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located mid -block in a neighborhood occupied almost exclusively by single-family homes. All properties for several blocks east, west and south of the site are occupied by single family residences. The single family uses extend for one block north of the site. Beyond that, along 12th Street and extending to the north, the uses are non-residential. The proposed use is a day-care center, not a day-care family home where the primary use remains residential. Regardless of the relatively small scale of this proposed business, staff does not believe it is compatible with the surrounding single family neighborhood. All owners of property located within 200 feet of the site, all residents within 200 feet who could be identified and the Oak Forest and War Memorial Neighborhood Associations were notified of the request. 3. ON SITE DRIVES AND PARKING: The proposed day-care center is to have 6 employees and a maximum enrollment of 15 clients, requiring 7 on-site January 17, 2002 ITEM NO.: 5 (Cont.) 4 5. 6 FILE NO.: Z-7128 parking spaces. The site is currently served by a 16' wide concrete driveway. The applicant proposes to widen the driveway to 251, providing room for 4 vehicles to be parked on site. The vehicles will be in two rows, one car behind the other. The applicant will approach one of the businesses in the area, along 12th Street, to determine if it is possible to lease the additional 3 spaces. The proposed parking arrangement requires 2 variances; one for reduced number of on-site parking spaces and one to allow the stacked parking design. Staff does not support either variance. SCREENING AND BUFFERS: The landscape strip north of the proposed parking area must be increased in width to at least 6.7 feet. A 6 -foot high opaque screen, either a wooden fence with its face side directed outward or dense evergreen plantings, is required along the northern, southern and western perimeters of the site. PUBLIC WORKS COMMENTS: 1. Redesign parking to eliminate head -in parking to S. Taylor. 2. S. Taylor is classified on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: No Comments received. Entergy: No Comments received. ARKLA: No Comments received. Southwestern Bell: No Comments received. 2 January 17, 2002 ITEM NO.: 5 (Cont. Water: No objection. Fire Department: Approved as submitted. County Planning: No Comments. FILE NO.: Z-7128 CATA: Project site is located close to Bus Routes #3 and #9 but has no effect on bus radius, turnout and route. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 20, 2001) The applicant was present. Staff presented the item and noted that additional information was needed on proposed signage, fencing and site lighting. It was also noted that the proposed parking design was not acceptable and a variance would be needed for reduced parking. Public Works Comments were presented. The applicant stated there would be no ground -mounted sign and only a V X 1' nameplate sign on the building. She stated the privacy fence would be 6' in height and the only site lighting would be security lighting. The issue of on site parking was discussed at length. It was explained to the applicant that required parking was determined by the number of employees and clients. It was suggested that the applicant could reduce those numbers and could possibly arrange to have the employees park off site; at a nonresidential site along 12th Street. The Committee voiced their desire to have the property retain its single-family residential character. The applicant stated that was also her desire. The applicant was directed to prepare a revised site plan and to have a response to the parking issue. The Committee then forwarded the issue to the full Commission. 3 January 17, 2002 ITEM NO.: 5 (Cont.) STAFF ANALYSIS: FILE NO.: Z-7128 A conditional use permit is requested to allow use of the residential structure located on the R-3 zoned property at 1304 South Taylor Street as an adult day-care center. The proposed day-care center is to have 6 employees and a maximum enrollment of 15 clients. No one will live at the residence. Only three changes are proposed for the site. The wood deck on the rear of the house is to be replaced with a sunroom, the rear yard is to be enclosed with a 6' tall privacy fence and the driveway is to be widened from 16' to 251. The applicant proposes to provide 4 of the required 7 on site parking spaces on the widened driveway, stacking 1 vehicle behind another. The applicant is attempting to arrange off-site parking for the remaining 3 required spaces. Days and hours of operation are proposed to be 7:00 a.m. - 6:00 p.m., Monday through Friday and 9:00 a.m. - 3:00 p.m. on weekends. There will be no ground -mounted sign; only a 1 square foot wall sign on the house. Although the proposed day-care center is relatively small in scale, staff does have two primary concerns that lead to staff's non-support for the application. First, the proposal is to convert the residence into a day-care center, not a day-care family home that retains as its primary use, a single family residence. The property is located mid - block in a neighborhood that, from all appearances, is solely single family. Staff believes the proposed use would be better located at the fringe of the neighborhood, in an area of mixed uses or where it could serve as a transition from intensive non- residential uses to residential uses. Staff is concerned that placing this use at this location could negatively impact adjacent residential properties. Second, the site is unable to accommodate the required 7 on-site parking spaces needed for the day-care operation. Limited on - street parking is available in the area. No parking is permitted on the east side of Taylor Street, a narrow residential street. Staff is concerned that the substandard parking design proposed by the applicant, combined with the limited parking available on the street, could lead to a situation that impacts the residents of the neighborhood. 4 January 17, 2002 ITEM NO.: 5 (Cont.) FILE NO.: Z-7128 On December 26, 2001, the applicant did submit responses to issues raised at the Subdivision Committee meeting. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (JANUARY 17, 2002) The applicant was present. There was one objector present. , Staff informed the Commission that 3 to 4 telephone calls had been received from neighborhood residents in opposition to the item. Staff presented the item and a recommendation of denial. Joseph Busby, of 1223 S. Filmore, spoke in opposition to the item. He stated neighborhood residents had worked hard to improve the neighborhood and as a result, property values were increasing; the proposed day care center had too many people; traffic in the area would increase as a result of the business; and there were no homes for sale on Taylor Street, which showed the stability of the neighborhood. Mr. Busby presented a petition signed by several neighborhood results opposed to the daycare. The applicant, Sharon Campbell, stated she would prefer to have 5 to 10 clients, not 15. She stated property values in the area were declining and she felt her proposed use would provide a stabilizing effect. Ms. Campbell stated she was not changing the structure of the home. She presented a letter of agreement with American Home Patient for rental of 5 parking spaces at West 12th and Taylor Streets. The lease was until December 31, 2002, at which time it would need to be renegotiated. In response to a question from Commissioner Allen, Ms. Campbell stated the house would revert to single-family use if the day care center ceased operation or relocated. In response to a question from Commissioner Berry, Ms. Campbell stated she would amend her application to no more than 10 clients. Commissioner Berry asked if staff would support the amended application. Jim Lawson, Director of Planning and Development, responded that it helped to reduce the number of 5 January 17, 2002 ITEM NO.: 5 (Cont.) FILE NO.: Z-7128 clients but parking would still be an issue. Ms. Campbell reminded the Commission that she had arranged off-site parking and she would reduce the number of employees since the number of clients had been reduced. Ms. Campbell stated she would have four employees. Commissioner Floyd commented that he could not support the proposed business. Commissioner Rahman asked Ms. Campbell if the house was currently being rented. Ms. Campbell responded that it was and had been for the past 4 years. Commissioner Rahman asked why the day care was proposed since the house has continually been rented and occupied. Ms. Campbell responded that she had experienced problems with some of the renters. A motion was made to approve the application, as amended. Commissioner Floyd commented that, although he did not support this application, he did support adult day care. The vote was 2 ayes, 8 noes and 1 absent. The applicant was urged to pursue locating the day care elsewhere. C