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HomeMy WebLinkAboutZ-7648 Staff AnalysisJune 17, 2004 ITEM NO.: 7 NAME: LOCATION: OWNER/APPLICANT- FILE NO.: Z-7648 Touched By God's Angels Child Care — Conditional Use Permit 519 East 20th Street Nikitia Britton PROPOSAL: A conditional use permit is requested to allow for conversion of the residential structure on this R-4 zoned lot into a day care center. SITE LOCATION: The property is located on the southwest corner of East 20th Street and Park. 2. COMPATIBILITY WITH NEIGHBORHOOD: The surrounding neighborhood is principally single family residential in use, although there are other uses in the area. A church is located one block to the northwest, at 20th and Commerce. A drycleaners and a CLR Alert Center are located '/z block to the southeast, at 21St and Park. A day care and vacant building are located on C-3 zoned properly at 21St and Commerce, to the southwest. The Job Corp building is located on 0-3 and C-3 zoned property one block to the east, at 21St and 1-30. Although there is a scattering of nonresidential uses in the vicinity, the neighborhood is clearly residential in nature. Staff is concerned that the proposed conversion of a well-maintained, residential structure into a nonresidential use would not be a positive influence on the nearby residential properties. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Downtown, East of Broadway and MacArthur Park Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: A day care with an enrollment of 36 children with 8 employees requires 11 on-site parking spaces. Of the 8 employees, 5 are full-time and 3 are part-time. The site currently has no on-site parking. The applicant proposes to construct a parking lot in the rear yard area, with access off of Park. There is sufficient space to provide a properly designed parking lot June 17, 2004 ITEM NO.: 7 (Cont.) FILE NO.: Z-7648 to accommodate 10 vehicles. The parking area must be paved and landscaped to comply with code. 4. SCREENING AND BUFFERS: Compliance with the City's Landscape and Buffer Ordinances is required. 5. PUBLIC WORKS COMMENTS: Obtain permits for all work in public right-of-way. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: Approved as submitted. Southwestern Bell: No Comments received. Water: Contact Central Arkansas Water regarding water needs. 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). Fire Department: Approved as submitted. County Planning: No Comments. CATA: A CATA bus route is located one block to the south; along East 21St Street. SUBDIVISION COMMITTEE COMMENT: (MAY 27, 2004) The applicant, Nikitia Britton, was present. Staff presented the item and noted additional information was needed regarding signage, days of operation, number of employees, fencing and site lighting. Staff asked the applicant to indicate the playground area. Staff noted that there was no on-site parking and a parking plan needed to be submitted. The applicant was advised to meet with Building 2 June 17, 2004 ITEM NO.: 7 Cont. FILE NO.: Z-7648 Code officials to determine what structural changes needed to be made to comply with building code and ADA requirements. Public Works, Landscape and Utility Comments were noted. Several committee members commented about ongoing concerns about day cares locating in residential neighborhoods. Ms. Britton was cautioned that there would likely be opposition to the proposal. The applicant was advised to respond to staff issues by Wednesday, June 2, 2004. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The R-4 zoned property located at 519 East 20th Street is occupied by a one- story, frame, single family, residential structure. The property is comprised of two lots and has a large yard. There is no on-site parking. The home is similar to the homes in the surrounding neighborhood. The applicant proposes to convert the house into a day care center. The proposed use is not a day care family home where the home is occupied by the caregiver. The day care is proposed to have an enrollment up to 36 children. There will be 5 full-time employees and 3 part-time. Days and hours of operation are proposed as Monday through Friday, 5:30 a.m. — 7:00 p.m. The applicant proposes to construct a 10 -space parking lot in the rear yard area, taking access off of Park Lane. A playground area will be located south of the day care building. The play area will be fenced. A dense hedge is located around much of the perimeter of the site, providing much of the required screening. No signage plan has been submitted. Signage must not exceed that permitted in office and institutional zones; a wall sign on the building and a ground sign not to exceed 6 feet in height and 64 square feet in area. The 1884 bill of assurance does not address use issues. The applicant has made contact with building codes officials about needed structural changes. Staff does not support the proposed conditional use permit although the applicant has done a good job of addressing many of the issues raised at Subdivision Committee. Staff does not believe the proposed use is appropriate for this location. The property is located within what is primarily a residential neighborhood. There are commercial and office zoned properties in the general area, principally along 21St Street and near the interstate. The applicant is proposing a day care center, not a day care family home. Staff does not believe this commercial use is appropriate for location within this residential neighborhood. 3 June 17, 2004 ITEM NO.: 7 Cont. FILE NO.: Z-7648 STAFF REPORT: Staff recommends denial of the application. PLANNING COMMISSION ACTION: 1.(JUNE 17, 2004) The applicant was present. There were three objectors present. Staff presented the item and a recommendation of denial. One letter of opposition had been sent to the Commission. The applicant, Nikitia Britton, spoke on behalf of her application. She stated there were other nonresidential uses in the area and she felt her proposed day care would be an appropriate use. Ms. Britton noted that she was installing the required parking and there was adequate screening already in place. She said there had been no complaints from the neighborhood. Jane Harrison, of 8617 Crofton Circle and vice president of the West Baseline Neighborhood Association, spoke in opposition to allowing a business in a residential neighborhood. In response to a question from Commissioner Alien, Ms. Harrison stated she did not live in the neighborhood but was opposed to allowing businesses in neighborhoods. Allice Charles, of 507 East 20th Street, spoke in opposition. Ms. Charles emphasized what she felt was the quiet nature of the neighborhood. She made note of other area residents who also were opposed but unable to attend the meeting. Troy Laha, of 6602 Baseline Road, stated he was opposed to allowing a child care business on a residential street. Ms. Britton stated the proposed enrollment might not be as many as 36 children; she was not sure of the number. She stated she inherited the house two years ago. Ms. Britton stated she felt the day care would be good for the neighborhood. She stated there were several vacant and boarded homes in the area. Ms. Britton stated there was no real opposition from neighborhood residents. In response to a question from Commissioner Floyd, Dana Carney of the Planning Staff, described several of the nonresidential uses in the vicinity. In response to a question from Chairman Rahman; 'Ms. Britton stated she chose this site because she already owned the property. Ms. Charles stated there were others in the neighborhood who were opposed but they chose not to come to the meeting. Commissioner Lowry asked Ms. Charles why she was opposed to the day care when it seemed to be a good project and was better than having a boarded house. Ms. Charles responded that several homes in the area had been 4 June 17, 2004 ITEM NO.: 7 (Cont.) FILE NO.: Z-7648 renovated. She refuted Ms. Britton's statement that there were a lot of vacant, boarded homes in the area. A motion was made to approve the application, subject to compliance with the staff comments and conditions outlined in Sections 1-6 of the staff report. Director of Planning and Deveiopment Tony Bozynski stated there had been new residential construction in the area and the neighborhood was interested in maintaining its residential character. A vote was taken on the motion. The vote was 1 aye, 8 noes, 1 absent and 1 abstaining (Adcock). 5 FILE NO.: Z-7648 NAME: Touched By God's Angels Child Care — Conditional Use Permit LOCATION: 519 East 20th Street OWNER/APPLICANT: Nikitia Britton PROPOSAL: A conditional use permit is requested to allow for conversion of the residential structure on this R-4 zoned lot into a day care center. SITE LOCATION: The property is located on the southwest corner of East 20th Street and Park. 2. COMPATIBILITY WITH NEIGHBORHOOD: The surrounding neighborhood is principally single family residential in use, although there are other uses in the area. A church is located one block to the northwest, at 20th and Commerce. A drycleaners and a CLR Alert Center are located '/2 block to the southeast, at 21 at and Park. A day care and vacant building are located on C-3 zoned property at 213t and Commerce, to the southwest. The Job Corp building is located on 0-3 and C-3 zoned property one block to the east, at 21St and 1-30. Although there is a scattering of nonresidential uses in the vicinity, the neighborhood is clearly residential in nature. Staff is concerned that the proposed conversion of a well-maintained, residential structure into a nonresidential use would not be a positive influence on the nearby residential properties. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Downtown, East of Broadway and MacArthur Park Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: A day care with an enrollment of 36 children with 8 employees requires 11 on-site parking spaces. Of the 8 employees, 5 are full-time and 3 are part- time. The site currently has no on-site parking. The applicant proposes to construct a parking lot in the rear yard area, with access off of Park. There is sufficient space to provide a properly designed parking lot to ILE NO.: Z-7648 (Cont. accommodate 10 vehicles. The parking area must be paved and landscaped to comply with code. 4. SCREENING AND BUFFERS: Compliance with the City's Landscape and Buffer Ordinances is required. 5. PUBLIC WORKS COMMENTS: Obtain permits for all work in public right-of-way. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: Approved as submitted. Southwestern Bell: No Comments received. Water: Contact Central Arkansas Water regarding water needs. 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). Fire Department: Approved as submitted. County Planning: No Comments. CATA: A CATA bus route is located one block to the south; along East 21 st Street. SUBDIVISION COMMITTEE COMMENT: (MAY 27, 2004) The applicant, Nikitia Britton, was present. Staff presented the item and noted additional information was needed regarding signage, days of operation, number of employees, fencing and site lighting. Staff asked the applicant to indicate the playground area. Staff noted that there was no on-site parking and a parking plan needed to be submitted. The applicant was advised to meet with Building Code officials to determine what structural changes needed to be made to comply with building code and ADA requirements. Public Works, Landscape and Utility Comments were noted. 2 FILE NO.: Z-7648 (Cont. Several committee members commented about ongoing concerns about day cares locating in residential neighborhoods. Ms. Britton was cautioned that there would likely be opposition to the proposal. The applicant was advised to respond to staff issues by Wednesday, June 2, 2004. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The R-4 zoned property located at 519 East 20th Street is occupied by a one- story, frame, single family, residential structure. The property is comprised of two lots and has a large yard. There is no on-site parking. The home is similar to the homes in the surrounding neighborhood. The applicant proposes to convert the house into a day care center. The proposed use is not a day care family home where the home is occupied by the caregiver. The day care is proposed to have an enrollment up to 36 children. There will be 5 full-time employees and 3 part-time. Days and hours of operation are proposed as Monday through Friday, 5:30 a.m. — 7:00 p.m. The applicant proposes to construct a 10 -space parking lot in the rear yard area, taking access off of Park Lane. A playground area will be located south of the day care building. The play area will be fenced. A dense hedge is located around much of the perimeter of the site, providing much of the required screening. No signage plan has been submitted. Signage must not exceed that permitted in office and institutional zones; a wall sign on the building and a ground sign not to exceed 6 feet in height and 64 square feet in area. ' The 1884 bill of assurance does not address use issues. The applicant has made contact with building codes officials about needed structural changes. Staff does not support the proposed conditional use permit although the applicant has done a good job of addressing many of the issues raised at Subdivision Committee. Staff does not believe the proposed use is appropriate for this location. The property is located within what is primarily a residential neighborhood. There are commercial and office zoned properties in the general area, principally along 21St Street and near the interstate. The applicant is proposing a day care center, not a day care family home. Staff does not believe this commercial use is appropriate for location within this residential neighborhood. STAFF REPORT: Staff recommends denial of the application. 3 FILE NO.: Z-7648(Cont.) PLANNING COMMISSION ACTION: (JUNE 17, 2004) The applicant was present. There were three objectors present. Staff presented the item and a recommendation of denial. One letter of opposition had been sent to the Commission. The applicant, Nikitia Britton, spoke on behalf of her application. She stated there were other nonresidential uses in the area and she felt her proposed day care would be an appropriate use. Ms. Britton noted that she was installing the required parking and there was adequate screening already in place. She said there had been no complaints from the neighborhood. Jane Harrison, of 8617 Crofton Circle and vice president of the West Baseline Neighborhood Association, spoke in opposition to allowing a business in a residential neighborhood. In response to a question from Commissioner Allen, Ms. Harrison stated she did not live in the neighborhood but was opposed to allowing businesses in neighborhoods. Allice Charles, of 507 East 20th Street, spoke in opposition. Ms. Charles emphasized what she felt was the quiet nature of the neighborhood. She made note of other area residents who also were opposed but unable to attend the meeting. Troy Laha, of 6602 Baseline Road, stated he was opposed to allowing a child care business on a residential street. Ms. Britton stated the proposed enrollment might not be as many as 36 children; she was not sure of the number. She stated she inherited the house two years ago. Ms. Britton stated she felt the day care would be good for the neighborhood. She stated there were several vacant and boarded homes in the area. Ms. Britton stated there was no real opposition from neighborhood residents. In response to a question from Commissioner Floyd, Dana Carney of the Planning Staff, described several of the nonresidential uses in the vicinity. In response to a question from Chairman Rahman, Ms. Britton stated she chose this site because she already owned the property. Ms. Charles stated there were others in the neighborhood who were opposed but they chose not to come to the meeting. Commissioner Lowry asked Ms. Charles why she was opposed to the day care when it seemed to be a good project and was better than having a boarded house. Ms. Charles responded that several homes in the area had been renovated. She refuted Ms. Britton's statement that there were a lot of vacant, boarded homes in the area. A motion was made to approve the application, subject to compliance with the staff comments and conditions outlined in Sections 1-6 of the staff report. 4 FILE NO.: Z-7648 (Cont. Director of Planning and Development Tony Bozynski stated there had been new residential construction in the area and the neighborhood was interested in maintaining its residential character. A vote was taken on the motion. The vote was 1 aye, 8 noes, 1 absent and 1 abstaining (Adcock). 5