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HomeMy WebLinkAboutZ-7586 Staff AnalysisMay 6, 2004 ITEM NO.: J FILE NO.: Z-7586 NAME: Adams Day Care Center — Conditional Use Permit LOCATION: 9009 Woodford Drive OWNER/APPLICANT: Earthalene Adams PROPOSAL: A conditional use permit is requested to allow for the conversion of the residence on this R-2 zoned property into a day care center for 16 children with 3 employees. SITE LOCATION: The property is located on the east side of Woodford Drive, north of Seymour Drive. 2. COMPATIBILITY WITH NEIGHBORHOOD: The Merrivale Neighborhood is exclusively single family residential. Other uses are adjacent to the neighborhood, fronting onto Baseline Road. These other uses include multifamily and a variety of light industrial and commercial businesses. A nonconforming mobile home park is located to the east of Merrivale. This proposed day care center is located on a residential cul-de-sac, all adjacent properties are occupied by single family residences. Staff supported the applicant's request for a special use permit for a day care family home across the street, at 9008 Woodford, in 1997. The current proposal is not a day care family home. There will be no residential occupancy. Staff does not feel this is the appropriate location for this use. Allowing this nonresidential use will have a negative effect 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 SWLR United for Progress and West Baseline Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: A day care center for 16 children with 3 employees requires a minimum of 4 on-site parking spaces. This property has a single -wide driveway and carport that would allow for the stacked parking of up to 3 vehicles. The May 6, 2004 ITEM NO.: J (Cont. FILE NO.: Z-7586 applicant does live across the street and does not need to park on this site. The parking arrangement does not meet code requirements for access and maneuverability. 4. SCREENING AND BUFFERS: Compliance with the City's Landscape and Buffer Ordinances is required. If a playground is to be established, it will need to be screened from adjacent residential property with a 6 -foot high opaque wooden fence with its face side directed outward. Additionally, if an expanded parking area is to be developed, it will be required to be properly screened and landscaped. 5. PUBLIC WORKS COMMENTS - 1. No Comments. Woodford is an improved residential street with curb and gutter. 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: Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s), and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Additional water facilities will be installed at the developer's expense. Fire Department: Approved as submitted. Countv Planninq: No Comments. CATA: The site is not located on a CATA Bus Route. The nearest route is located on Baseline Road, several blocks to the north. 2 May 6, 2004 ITEM NO.: J (Cont.) FILE NO.: Z-7586 SUBDIVISION COMMITTEE COMMENT: (MARCH 4, 2004) The applicant was present. Staff presented the item and noted additional information was needed regarding signage, days and hours of operation, fencing and parking. It was noted that the playground area should be screened from adjacent residential properties and any new parking areas should be landscaped and buffered per Code requirements. The applicant stated she would install landscaping as screening since the rear yard was already enclosed by a 4 foot tall chain-link fence. Staff noted the lack of parking on site to comply with the Code requirement. It was also noted that the applicant lived at 9008 Woodford, directly across the street and would not need to park at this location. Staff pointed out two provisions of the valid bill of assurance that were germane to the request as follow: a. All of said lots should be used as residential lots only. b. No sign of any kind shall be displayed to the public view on any lot except one professional sign of one square foot. In response to a question from the Committee, Ms. Adams stated she no longer operated the day care family home at 9008 Woodford; that she had been operating the day care at 9009 for about a year. Utility comments were noted. The applicant was advised to meet with Water Works regarding the fire hydrant comment, since the Fire Department had responded with approval. The applicant was advised to respond to staff issues by March 10, 2004. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned property located at 9009 Woodford Drive is occupied by a one- story, brick and frame, single family residence that is typical of housing in the neighborhood. The property has a single -wide, paved driveway that is deep enough to stack 3 vehicles. The rear yard is enclosed by a 4 foot tall, chain-link fence. The applicant is requesting a conditional use permit to allow use of the property for a day care center with an enrollment of 16 children and 3 employees, including the applicant. No residential occupancy of the property is proposed. The applicant has been conducting day care operations at this location for approximately one year, without prior approval. The applicant lives across the street from the site, at 9008 Woodford Drive. On August 21, 1997, the Commission granted the applicant a special use permit to operate a day care family home in her residence at 9008 Woodford. She has since ceased that business and relocated the day care to 9009 Woodford. The proposed day care center is to be open from 6:00 a.m. — 6:00 p.m., Monday through Friday. The 3 May 6, 2004 ITEM NO.: J (Cont.) FILE NO.: Z-7586 playground area will only be used during day light hours. The day care requires 4 on-site parking spaces; 1 per employee and 1 for on-site drop-off and pick-up of children. The property has parking for 3 vehicles stacked end to end. This parking arrangement does not comply with Code. The applicant proposes to place a one square foot wall sign on the building. No ground sign is proposed. Staff does not support the requested conditional use permit. This property is located on a cul-de-sac in a single family residential neighborhood. The applicant does not propose a day care family home but rather a day care center, with no residential occupancy of the structure. Such a use is very different in character from a day care family home. Staff does not believe it is appropriate to allow this solely commercial use in this residential neighborhood. The use could be better located outside of the heart of the neighborhood, perhaps along Baseline Road, to the north of the neighborhood. The bill of assurance for the Merrivale Subdivision is still valid and includes the following provisions that are pertinent to the issue: 1. All of said lots should be used as residential lots only. 2. No sign of any kind shall be displayed to the public view or on any lot except one professional sign of one square foot. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicant was present. There was on objector present. Staff informed the Commission that the applicant had submitted a request that the item be deferred. Staff stated that deferral request had not been received five days prior to the meeting, as required by the Commission's Bylaws. There was no further discussion. A motion was made to waive the Bylaws and to accept the late request for deferral. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. The item was then placed on the Consent Agenda and approved for deferral to the May 6, 2004 agenda. The vote was 10 ayes, 0 noes and 1 absent. 4 May 6, 2004 ITEM NO.: J (Cont. FILE NO.: Z-7586 NNING COMMISSION ACTION: (MAY 6, 2004) The applicant was present. There were three objectors present. Staff presented the item and a recommendation of denial. Clarence Hicks addressed the Commission on behalf of the applicant. He stated the state allowed a day care family home without requiring the operator to reside in the home. Mr. Hicks stated there was parking for 4 vehicles at 9009 Woodford and Ms. Adams would allow employees to park at her residence at 9008 Woodford. Commissioner Meyer stated the Commission had to abide by City regulations. Mr. Hicks stated Ms. Adams' presence was good for the neighborhood and helped reduce crime in the area. Commissioner Lowry stated he could not support the application if Ms. Adams did not live in the house. Ruth Bell, of the League of Women Voters, stated the League was opposed to the application since it was not for a day care family home, where the applicant lived in the home. Troy Laha, representing the neighborhood association, spoke in opposition to the item. Jane Harrison, of 8617 Crofton Circle, spoke in opposition. She showed a video of traffic associated with day care family homes in her neighborhood. Mr. Hicks stated he objected to comparing Ms. Adams' day care with one that had been a problem. In response to a question from Chairman Rahman; Ms. Adams stated she was purchasing the property at 9009 Woodford, under contract. Ms. Adams stated she had operated the day care at that location since 2002. Mr. Hicks asked if the Commission would be more supportive if Ms. Adams lived in the home. Chairman Rahman responded he would. Commissioner Lowry stated it must be her principal residence. Dana Carney, of the Planning Staff, discussed the difference between the Special Use Permit and Conditional Use Permit process. A motion was made to approve the application. The motion was denied by a vote of 0 ayes, 11 noes and 0 absent.