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HomeMy WebLinkAboutZ-7357 Staff AnalysisFebruary 20, 2003 ITEM NO.: 8 FILE NO.: Z-7357 NAME: Shephard Day Care Center — Conditional Use Permit LOCATION: 7803 Preston Drive OWNER/APPLICANT: Wayland Cox, property owner/ Janice Shephard, occupant -applicant PROPOSAL: A conditional use permit is requested to allow the occupant of this residence to operate a day care center with a maximum enrollment of 16 children. The property is zoned R-2. ORDINANCE DESIGN STANDARDS: 2 SITE LOCATION: The site is located on the south side of Preston Drive, two blocks west of Chicot Road. COMPATIBILITY WITH NEIGHBORHOOD: This property is located within a neighborhood that is exclusively single family in nature. All surrounding properties are zoned R-2 and are occupied by single family homes. The proposal is to utilize this single family residence exclusively as a day care center. There will be no residential occupancy of the structure. The applicant lives next door, at 7801 Preston Drive. Although the daycare is relatively small in scale, it is the fact that the proposed use is completely nonresidential that causes concern for staff. In staff's opinion, allowing the nonresidential use of this home, versus a day care family home, where the home is occupied by the applicant, is not compatible with the neighborhood. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Chicot, West Baseline and SWLR United for Progress Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The proposed day care is to have an enrollment of 16 children with two employees, including the applicant. Three parking spaces are required; one per employee and one per 10 persons of licensed capacity. The site has a double -wide driveway, typical for residential use. Four vehicles could be stacked on the driveway. The applicant lives next door and February 20, 2003 ITEM NO.: 8 (Cont. FILE NO.: Z-7357 plans on parking her own vehicle and that of her employee at her home, freeing -up the driveway at the subject property for parent parking. 4. SCREENING AND BUFFERS: A six (6) foot high opaque wood fence with its face side directed outward should be placed around the perimeter of the playground area. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. Reliant: No Comments received. Southwestern Bell: Approved as submitted. Water: There is existing water service to this site. Fire Department: Approved as submitted. County Planninc: No Comments. CATA: A CATA Bus Route is located on Chicot Road, two blocks east of this site. SUBDIVISION COMMITTEE COMMENT (JANUARY 30, 2003) The applicant was present. Staff noted additional information was needed regarding signage and the total number of employees. In response to a question from staff, the applicant stated the rear yard was enclosed by a chain link fence and would be used as playground area. Staff suggested that the playground area be enclosed by a wood privacy fence. Staff noted that there would be no residential occupancy of the structure; that the applicant lived next door, at 7801 Preston Drive. It was noted that parking of employees could take place at the applicant's home, leaving the driveway at 7803 Preston available for drop- off/pick-up. It was also noted that hours of operation are proposed to be Monday -Friday, 6:00 a.m. —12:00 midnight. 2 February 20, 2003 ITEM NO.: 8 (Cont.) FILE NO.: Z-7357 The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned property located at 7803 Preston Drive is occupied by a 1,337± square foot, one-story, brick and frame single family residence. The home is typical of those in the neighborhood. The applicant, who resides next door at 7801 Preston Drive, proposes to convert the structure into a day care center. The proposed day care is to have an enrollment of 16 children, with two employees, including the applicant. The applicant and her employee will park at the applicant's home, freeing -up the driveway at 7803 Preston for parents dropping off or picking up children at the daycare. Days and hours of operation are proposed to be Monday -Friday, 6:00 a.m. — 12:00 midnight. The rear yard is enclosed with a 4 foot tall chain link fence. Playground activities in the rear yard will be limited to daylight hours. A 1' X 2' sign has been placed above the front door. Staff is not supportive of the proposed conditional use permit. Although the proposed day care is relatively small in scale, staff feels it is inappropriate to convert this residence into a day care business. No residential occupancy -is proposed, as with a day care family home where the childcare takes place in the caregiver's home. Such a nonresidential use would be better located outside of the heart of this residential neighborhood; perhaps along Chicot Road, two blocks to the east. In addition to staff's concern about the nature of the use, there are two other specific aspects of the applicant's proposal that lead staff to recommend denial. The applicant is proposing signage, again not in keeping with a more appropriate day care family home, and the day care is proposed to operate until 12:00 midnight. The comings and goings of traffic until that hour of the night would likely negatively impact nearby residential properties. STAFF RECOMMENDATION: Staff recommends denial of the conditional use permit. PLANNING COMMISSION ACTION: (FEBRUARY 20, 2003) The applicant was present. There were several objectors present. Several letters of opposition had been received by staff and forwarded to the Commission. Staff presented the item and a recommendation of denial. The applicant, Janice Shephard, spoke in support of her application. She stated the State classified her use as a day care family home, even though she did not live at the residence. Ms. Shepherd stated she met with the neighborhood 3 February 20, 2003 ITEM NO.: 8 (Cont.) LE NO.: Z-7357 association and the association had problems with her not occupying the residence and the traffic that the use might create. Chairman Nunnley stated the proposed use was a business since there was no residential occupancy. Commissioner Faust stated it was her understanding that the caretaker must live in the home for the use to be classified as a day care family home. Commissioner Meyer stated that although the state may allow the use, that does not relieve the applicant of her responsibility to comply with City code. Ms. Shephard responded by stating she would move into the residence at 7803 Preston Drive. Chairman Nunnley stated there was still the issue of the number of children. Ms. Shephard responded that the numbers would likely be reduced. In response to a question from the Commission, staff stated the Commission could approve as amended applicant for a special use permit for a day care family home. Dana Carney, of staff, cautioned the Commission that it would be prudent to allow neighborhood input on a revised application. In response to a question from Commissioner Langlais, Ms. Shephard stated the extended night-time hours were needed to accommodate parents who work the second shift. Jane Harrison, Vice President of West Baseline Neighborhood Association, spoke in opposition to allowing a day care in the residential neighborhood. Juanita Garrett, of 7900 Preston Drive, stated she was opposed to allowing a business in the neighborhood. Pat Rayburn, of 703 Preston Drive, spoke in opposition. She also voiced a concern that the proposed use was a violation of the subdivision's bill of assurance. Janet Berry, president of Southwest Little Rock United for Progress, spoke in opposition. Pat Gee, president of the Upper Baseline Neighborhood Association, spoke in opposition. 51 February 20, 2003 ITEM NO.: 8 (Cont. FILE NO.: Z-7357 There followed a discussion of the increasing number of day cares in residential areas. There was a discussion of whether it would be appropriate to defer the item or to act on the issue. Jim Lawson, Director of Planning and Development, stated he wanted the applicant to understand that deferring the item did not necessarily mean staff would support an amended application. Commissioner Faust suggested that the Commission deny this application and waive the filing fee if the applicant refiles as a special use permit. A motion was made to approve the application as filed. The motion was defeated by a vote of 0 ayes, 10 noes and 1 absent. A motion was made to waive the filing fee for a special use permit for a period of 6 months if this applicant files a special use permit application for either 7801 or 7803 Preston Drive. That motion was approved by a vote of 10 ayes, 0 noes and 1 absent.