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HomeMy WebLinkAboutZ-7649 Staff AnalysisJune 17, 2004 ITEM NO.: 8 FILE NO.: Z-7649 NAME: Facen Day Care Center — Conditional Use Permit LOCATION: 3007 S. Cross Street OWNER/APPLICANT: Sarah Facen PROPOSAL: A conditional use permit is requested to allow for the conversion of the existing residence on this R-3 zoned lot into a day care center. SITE LOCATION: The property is located on the east side of Cross Street, north of 31St Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located in a neighborhood that is primarily single family in zoning and use. A few duplex residences are located nearby, including across the street. The Little Rock School District Instructional Resource Center (formerly Ish School) is located across the street; to the northwest. A new single family residence is located adjacent to the east. There has been substantial investment in single family residential construction in the area to the north since the 1999 tornado. Staff questions the compatibility of the proposed day care with the surrounding neighborhood. Staff believes the day care center would be better located out of the heart of 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 MLK and South End Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The property has no on-site parking. The day care center is proposed to have an enrollment of 25 children with a staff of 4, including the director. The day care is required to have 6 on-site parking spaces. The applicant lives next door at 3003 Cross and proposes to park employees across the street, on the west side of Cross Street. Drop-off is proposed to take place on the street in front of the day care and the applicant's home. Staff does not support the proposed parking arrangement. June 17, 2004 ITEM NO.: 8 Cont. FILE NO.: Z-7649 4. SCREENING AND BUFFERS: Compliance with the City's Landscape and Buffer Ordinances is required. If a playground area is to be developed, then it will need to be screened from adjacent residential properties with a 6 -foot high opaque wooden fence with its face side directed outward. Additionally if new paved areas are established, they will need screened and landscaped in compliance with ordinance requirements. 5. PUBLIC WORKS COMMENTS: No Comments. 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: All Central Arkansas Water requirements in effect at the time of request for water service must be met. 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 west; along Martin Luther King, Jr. Street. 1► June 17, 2004 ITEM NO.: 8 Cont.) FILE NO.: Z-7649 SUBDIVISION COMMITTEE COMMENT: (MAY 27, 2004) The applicant was present. Staff presented the item and noted additional information was needed regarding the number of children and employees, signage and fencing. Staff requested the applicant locate the playground area and provide screening of that area. Staff noted the absence of on-site parking and the inability of the site to accommodate any beyond a typical residential driveway. The applicant stated parking and drop-off would occur on the street. The applicant was advised to contact Building Codes officials to determine what structural changes would need to be made to comply with building codes and ADA requirements. Ms. Facen stated she was proposing to relocate some children from an existing day care center at 20th and Broadway that is operated by her daughter. Public Works, Utility and Landscape Comments were noted. Several committee members commented about ongoing concerns about day cares locating in residential neighborhoods. Ms. Facen was cautioned that there would likely be opposition to the proposal. The applicant was advised to respond to staff issues by June 2, 2004. The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: The R-3 zoned property at 3007 S. Cross Street is occupied by a new, one-story, frame, single family residence. There currently is no on-site parking. The home has not been occupied. The applicant proposes to convert the residence into a day care center. The application is not for a day care family home where the caregiver occupies the residence. The proposed day care center is to have an enrollment of 25 children with 4 employees, including the director. Days and hours of operation are proposed as Monday through Friday, 6:15 a.m. — 5:30 p.m. Signage is proposed to consist of a single ground -mounted sign; 18" X 24". A playground area will be placed in the rear yard. The playground will be enclosed by a 6 foot tall privacy fence and will be located at least 20 feet away from abutting properties. No on- site parking will be provided. Staff will park on the west side of Cross Street, north of 3006 S. Cross. Drop-off and pick-up of children is proposed on the street, in front of the day care center and the property adjacent to the north which is occupied by the applicant. Staff is not supportive of the proposed conditional use permit. The property is located in a neighborhood that is principally residential in nature, although there are a few nonresidential uses in the vicinity. New residences have been 3 June 17, 2004 FILE NO.: Z-7649 constructed in the area, including this residence avid one behind the site on Ringo Street. Several new homes have been built further to the north and many residences have been recently remodeled. Much of the new construction has occurred as a result of the 1999 tornado which devastated the neighborhood. Staff is encouraged by the level of residential reinvestment in the community. Allowing this commercial use at this location will not have a positive effect on the neighborhood. Additionally, the applicant is proposing the use of the public right- of-way for employee parking and the drop-off and pickup of children. The 1890 bill of assurance does not address use issues. STAFF REPORT: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (JUNE 17, 2004) The applicant, Sarah Facen, was present. There were two objectors and two supporters present. Staff presented the item and a recommendation of denial. Ms. Facen addressed the Commission in support of her application. She presented a petition signed by several neighborhood residents who supported the proposed day care center. Ms. Facen stated she had met with the neighborhood association and had their support. She stated her neighborhood supported the day care, regardless of how those who live outside of the neighborhood feel. Ms. Facen stated the area had much more traffic when Ish School was open. She stated the proposed day care would allow for "intergenerational" interaction between the older neighborhood residents and the children. Commissioner Allen stated he applauded Ms. Facen for her good work in the neighborhood. He asked if she would support this day care center in the neighborhood, if it was not hers. Ms. Facen responded that she would. Rosalyn Armstrong, of 1114 West 33`d Street, spoke in support of the day care. She stated the neighborhood's action plan encouraged neighborhood residents to reinvest in the neighborhood. Ms. Armstrong stated Ms. Facen had presented her proposal at the South End Neighborhoods Coalition meeting and the Coalition supported her day care. She stated the group of residents that were in the process of reviewing the action plan also supported Ms. Facen. Jane Harrison, of 8617 Crofton Circle and Troy Laha, of 6602 Baseline Road spoke in opposition to allowing a day care center in a residential neighborhood. Ms. Facen responded that her neighborhood supported her proposal. She stated it was hurtful when people come from outside and tell neighborhood 4 June 17, 2004 ITEM NO.: 8 (Cont.) _ FILE NO.: Z-7649 residents what is best for the neighborhood. Ms. Facen urged the Commission to listen to the neighborhood residents and to not put obstacles in the way of someone trying to do a small business. Commissioner Lowry stated Ms. Armstrong had convinced him that this was good for the neighborhood. Commissioner Floyd stated he was in favor of the application. He recommended to Ms. Facen that she build a parking lot on a nearby lot that she also owns. Dana Carney, of the Planning Staff, reiterated staffs concerns about the lack of parking and the impact of the business on the residential neighborhood. He reminded the Commission that even a day care family home was required to provide a paved, on-site parking area for drop-off and pick-up of children. Commissioner Taylor voiced support for staffs position. Commissioner Williams stated Ish School functioned for a number of years with similar drop-off on Cross Street. A motion was made to approve the application, as.filed, the vote was 5 ayes, 5 noes and 1 absent. The motion failed. 5