HomeMy WebLinkAboutZ-7570-A Staff AnalysisMarch 2, 2006
NO.: 9 FILE NO.: Z -7570-A
NAME: James Day Care Center — Conditional Use Permit
LOCATION: 6805 Woodson Road
OWNER/APPLICANT: Carolyn James
PROPOSAL: A conditional use permit is requested to allow the
owners/occupant of this single-family residence to
operate a day care center with a maximum enrollment
of 18 children. The property is zoned R-2.
1. SITE LOCATION:
The site is located on the southeast corner of Woodson and Newstead;
two blocks south of West 65th Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located in a single-family residential neighborhood. All
surrounding properties are zoned R-2 and contain single-family
residences. An area of commercially and industrially zoned properties
extends along 65th Street, located two blocks north of this site. Staff
believes changing the nature of the use from a day care family home to a
day care center is not appropriate for this site. The increased level of
activity associated with the proposed day care center could have a
negative impact on nearby residential properties.
All owners of properties located within 200 feet of the site, all residents
within 300 feet of the site who could be identified and the Wakefield and
SWLR United for Progress Neighborhood Associations were notified of
this request.
3. ON SITE DRIVES AND PARKING:
A day care center for 18 children with one employee requires 3 on-site
parking spaces. The site has a single -wide paved driveway and 3 -parking
spaces. The applicant is proposing to pave a small additional area
adjacent to the driveway so that vehicles can turn around and exit the site
without backing onto Woodson Road.
4. SCREENING AND BUFFERS:
Site plan must comply with the City's minimal landscape and buffer
minimal ordinance requirements.
March 2, 2006
ITEM NO.: 9(Cont.)FILE NO.: Z -7570-A
Screening of vehicular use areas and landscaping will be required with
any new vehicular use areas.
The property to the south and to the east is zoned residential; therefore, a
six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or dense evergreen plantings, is required along
both the southern and eastern perimeters of the site.
5. PUBLIC WORKS COMMENTS.
1. Adequate parking must be provided per Little Rock code.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: Approved as submitted.
CenterPoint Energy: No Comments received.
Southwestern Bell: Approved as submitted.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required. If this conditional use permit is approved and
this becomes exclusively a daycare facility, the customer should
contact Central Arkansas Water to request that the water account be
changed to commercial status.
Fire Department: Fire sprinklers may be required. Contact Little Rock
Fire Marshall's office at 918-3752.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route. Routes are located
farther to the west on Geyer Springs and farther to the east on
Lancaster.
SUBDIVISION COMMITTEE COMMENT:
(FEBRUARY 9, 2006)
The applicant was present. Staff presented the item and noted there was little
additional information needed. Staff asked the applicant to provide a signage
plan and to redesign the parking areas so that vehicles enter and exit the site in
forward motion (no backing into the street). Staff stated the playground area
should be screened on the east and south side where adjacent to residential
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March 2, 2006
ITEM NO.: 9 (Cont.) FILE NO.: Z -7570-A
property. It was also noted that the vehicular use area will have to be
landscaped. Utility and Fire Department comments were noted. The applicant
was directed to contact the individual agencies, if there were questions.
The applicant was advised to respond to staff issues by February 15, 2006. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The R-2 zoned property at 6805 Woodson Road is occupied by a one-story,
brick and frame, single-family residence. There is a one -car concrete driveway
from Woodson Road with parking for 3 vehicles, including a single -car carport.
On July 29, 2004, the Planning Commission approved a Special Use Permit to
allow the owner/occupant to operate a day care family home. The S.U.P. allows
the applicant to keep up to 10 children. Approved days and hours of operation
are Monday through Saturday, 6:00 a.m. to 6:00 p.m. A portion of the front yard
has been fenced to provide a play area. The S.U.P. allows the applicant to have
one employee, if required by the State Department of Human Services.
The applicant is now proposing to increase the enrollment of her day care
operation from 10 children to 18 children. Days and hours are proposed to
remain the same. One employee is proposed, if required by the State. The
applicant proposes to expand the paved parking area slightly so that vehicles
can turn around and exit the site without backing onto Woodson Road. The
playground area will continue to be in a portion of the front yard. The applicant
proposes to place a 6 -foot tall, wood privacy fence along the south and east
perimeters of the playground/parking area. A 2 -foot by 2 -foot wall sign is
proposed to be placed on the front wall of the home.
Staff is not supportive of the proposed day care center. Staff is generally
supportive of day care family homes that comply with the standards established
by the code. Under a day care family home, the principal use and nature of the
property remains single family. In staff's opinion, increasing the level of activity
by expanding the enrollment changes the nature of the use. A day care center
would be better located outside of the heart of a residential neighborhood. It
would have less impact if it were located at the fringe of the neighborhood, on a
collector or arterial street.
STAFF RECOMMENDATION:
Staff recommends denial of the application.
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March 2, 2006
ITEM NO.: 9 [Cont.
FILE NO.: Z-7
PLANNING COMMISSION ACTION: (MARCH 2, 2006)
The applicant was present. There were two objectors present. Two letters of
opposition had been received by staff and forwarded to the Commission. Staff
presented the item and a recommendation of denial.
The applicant, Ms. James, addressed the Commission. She stated she had
agreed to put in the screening fence and would expand the paved parking area
as required. Ms. James stated the Fire Marshall had approved an enrollment of
16 children. She read from a letter in which she discussed improvements she
had made to the house and property to make them safe and useable for
childcare. Ms. James presented photos of the site and a copy of what she
described as a petition signed by neighborhood residents in support of the day
care.
In response to questions from Commissioner Laha, Ms. James stated there
would be one employee besides herself, the house was approximately 1,400
square feet in size and the property was not in a platted subdivision.
Commissioner Laha stated he did not believe the paved parking area was
sufficient.
Commissioner Adcock questioned why the Fire Department comment indicated
the possibility of having to install sprinklers. Staff responded that the standards
were different for a day care center.
Pat Gee, Vice -President of SWLRUP, spoke in opposition. She stated the
association had voted to oppose the application. Ms. Gee voiced concerns
about traffic, substandard streets and the appropriateness of allowing the
business in the neighborhood.
Karen Burnett, of 14 Newstead Drive, spoke in opposition. She also voiced
concerns about the condition of the street, traffic and the inappropriateness of
allowing the business at this site.
Ms. James responded by stating she also agreed that traffic was a problem but
she was careful to keep the children safe.
A motion was made to approve the application, subject to staff comments and
conditions. The motion failed by a vote of 1 aye, 9 noes and 1 absent.
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