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HomeMy WebLinkAboutZ-7544-A Staff AnalysisFebruary 12, 2004 ITEM NO.: NAME: LOCATION: OWNER/APPLICANT: Little Angels Day Care Center — Conditional Use Permit 4005 West 10th Street Pamela Hardin/Clarese Adams FILE NO.: Z -7544-A PROPOSAL: A conditional use permit is requested to allow use of the residential structure on this R-4 zoned property as a day care center for 10'children with 3 employees. 2. SITE LOCATION: The property is located on the south side of West 10th Street, between S. Cedar and S. Elm Streets. COMPATIBILITY WITH NEIGHBORHOOD: The property is located within a residential block that is part of a neighborhood that is "sandwiched" between 1-630 and the 12th Street commercial corridor. The properties immediately around this site are zoned R-3 and R-4 and are occupied by single family and two family residences. Several of the residential structures in the area are vacant and have been boarded. Several new single family residences have been constructed along West 11th Street, behind this property. There are nonresidential uses in the immediate vicinity including a large church and a county health facility to the northeast, a grocery store to the southwest and a partially developed PCD (office building) to the north. Efforts have been made to not only preserve the existing residential structures in the area but to increase the housing stock by constructing new homes. Staff is concerned that allowing this additional, nonresidential use could hamper the efforts to revitalize the residential neighborhood. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Forest Hills, Pine to Woodrow, Stephens Area Faith and Hope Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: A day care center for 10 children with 3 employees requires 4 on-site parking spaces. The site has a single -wide, concrete driveway that is February 12, 2004 ITEM NO.: 7 (Cont.) FILE NO.: Z -7544-A deep enough to accommodate three vehicles stacked end-to-end. The proposed parking arrangement does not comply with Ordinance Design Standards. 4. SCREENING AND BUFFERS: Compliance with the City's Landscape and Buffer Ordinances is required. A 6 -foot high opaque wooden fence with its face side directed outward is required to screen this property from the residential properties to the east, west and south. If the backyard is to be developed as a parking area, then a minimum 6 -foot 9 -inch wide landscape buffer strip and associated plantings will be required around its perimeter. 5. PUBLIC WORKS COMMENTS: 1. The proposed land use places a commercial use on 10th Street, which is currently classified as a local street used for residential purposes. The plan appears to propose curb -side drop-off and pick-up of children, rather than on-site parking. 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: No Comments received. Fire Department: Approved as submitted. County Planning: No Comments received. CATA: A CATA Bus Route is located on West 12th Street, 2 blocks to the South. 2 February 12, 2004 ITEM NO.: 7 ILE NO.: Z-7544 SUBDIVISION COMMITTEE COMMENT: (JANUARY 15, 2004) The applicant, Clarese Adams, was present. Staff presented the item and noted that the site did not have the required 4 on-site parking spaces. Additional information was requested on proposed signage and fencing. Public Works and Landscape Comments were noted. Ms. Adams responded that a new chain-link fence had been installed around the back yard. She stated she would request a variance from the requirement to install screening of the playground and existing parking area. Ms. Adams stated the 3 employees would not be at the site at the same time, so all of the required parking would not be needed. Ms. Adams was advised to respond to staff issues by January 21, 2004. The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: A conditional use permit is requested to allow a day care center to be located on the R-4 zoned property at 4005 West 10th Street. There will be no residential occupancy of the property. This 46'X 130' lot is occupied by a 1,350± square foot, one-story, frame residential structure. .-A single -wide, concrete driveway is located along the east perimeter of the site. The rear yard is enclosed with a 4 -foot tall, chain-link fence. The site is no longer covered by a valid of Bill of Assurance. The applicant proposes to operate a day care center with an enrollment of 10 children, with 3 employees. The applicant has already received her state license. The 3 employees will work in shifts and will not all be at the site at the same time. Hours of operation are proposed to be Monday through Friday, 6:00 a.m. through 6:00 p.m. A TX 5' ground -mounted sign is proposed. Playground equipment will be placed in the fenced rear yard. Other than the proposed sign, there will be no changes to the property. While there are similarities to the applicant's proposal and a "day care family home" in that it is to be conducted in a residence and enrollment will not exceed 10 children, there is one crucial difference that is of concern to staff. The property will not be occupied as a residence. The'sole use of the site will be as a day care center. Additionally, the applicant proposes the placement of a sign and to operate with up to 3 employees. As was noted in the "compatibility" section above, this property is located in a fragile residential neighborhood. Efforts have been made to increase the viability of the neighborhood, including 3 February 12, 2004 ITEM NO.: 7 (Cont. FILE NO.: Z -7544-A construction of new single-family residences by CDBG and the Black Community Developers. Staff believes that allowing this non-residential use could hamper those efforts and could have a detrimental effect on the neighborhood. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (FEBRUARY 12, 2004) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of denial. The applicant, Clarese Adams, addressed the Commission and stated she had lived in the neighborhood 27-28 years. She read two letters of support from area residents. Ms. Adams stated hers was a small day care that also served as a "safe haven" for children walking to and from the bus stop. Commissioner Meyer asked Ms. Adams why she had not considered locating, in one of the vacant commercial buildings located along West 12th Street. Ms. Adams responded that the lower cost of renting the house allowed her to keep the cost to her clients down. Commissioner Meyer responded that there might be a commercial building in the area that had a comparable rent. Ruth Bell, of the League of Women Voters, stated that the League supported day care family homes but not this proposed commercial use in a residential neighborhood. Commissioner Allen stated he had always been a strong proponent of home — based day care. He stated the Commission had denied other businesses in residential areas because there was no residential occupancy associated with them. He stated the Commission needed to be consistent. Commissioner Floyd stated this was a transitional neighborhood; more of a residential island in a commercial/office neighborhood. He stated day care was a needed service in the area. In response to a question from Commissioner Williams, Dana Carney of the Planning Staff stated -there was no neighborhood opposition to the application. Commissioner Rector stated he agreed with Commissioner Floyd. He stated he had lived near a larger day care and found it to be a needed service in the neighborhood. 9 February 12, 2004 ITEM NO.: 7 (Cont_ FILE NO.: Z -7544-A Commissioner Lowry stated he believed strongly in having the applicant live in the house when a day care is proposed in a residence. He asked if the approval could be limited to this applicant only. Deputy City Attorney Cindy Dawson responded that the Commission could make that a condition of approval. In response to a question from the Commission, Ms. Adams stated she was amending her application to be only for her operation of the day care. Commissioner Allen asked Ms. Adams if she would reduce the number of children to 6. In the ensuing discussion, Ms. Adams did not reduce the number of children from 10 to 6. Commissioner Adcock stated she had always considered day cares to be a business. A motion was made to approve the application as amended to be only for this applicant's operation of the day care. The motion was approved by a vote of 6 ayes, 5 noes and 0 absent. At staff's request, the Commission clarified that the approval included variances from the screening requirement and the parking requirement. 5