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HomeMy WebLinkAboutZ-7932 Staff AnalysisDecember 1, 2005 ITEM NO.: D FILE NO.: Z-7932 NAME: Hendrix Day Care Center — Conditional Use Permit LOCATION: 2223 Pine Street OWNER/APPLICANT: Doris Hendrix 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 with a maximum enrollment of 16 children. 1. SITE LOCATION: The property is located at the northeast corner of West 23rd Street and Pine Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The immediate neighborhood surrounding this site is predominately single family in use and zoning. Single family and two family residences are located on several blocks around the site. A small C-3 zoned group of properties located one block to the west are occupied by a vacant business building and single family residences. Within the past year, one of the C-3 zoned lots at 23rd and Cedar was rezoned to R-3 to allow for construction of a new single family residence. The PD -O zoned property to the southwest is also occupied by a residence. Staff is concerned that the proposed day care center is not compatible with the single family uses in the immediate vicinity. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Stephens Area Faith, Hope, Love and Midway Neighborhood Associations were notified of this application. 3. ON SITE DRIVES AND PARKING: The day care center is proposed to have four (4) employees and a maximum enrollment of 23 children; requiring six (6) on-site parking spaces. Five spaces can be provided by closing the driveway onto West 23rd Street and taking access off of the alley. The five spaces can be lined up along the rear of the site. Some modification will be required to provide proper depth and alley improvements will likely be required. December 1, 2005 ITEM NO.: D [Cont. 4. SCREENING AND BUFFERS: NO.: Z-79 Compliance with the City's Landscape and Buffer Ordinances is required. It is necessary to provide screening along the north perimeter of the site utilizing a six-foot tall wood privacy fence constructed with its finished side facing outward. 5. PUBLIC WORKS COMMENTS: No drop-off is allowed on Pine Street. If the alley is used for access to the parking spaces, some improvements may be required to the alley. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: Approved as submitted. CenterPoint Energy: No Comment received. Southwestern Bell: No Comment received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. If you proceed with this proposed change in use, please contact Central Arkansas Water and request that your account be changed to commercial. Fire Department: Fire sprinklers and fire hydrant may be required. Contact LRFD Fire Marshall at 918-3752. County Planning: No Comments. CATA: A CATA bus route is located two blocks north of this site, along West 20th Street. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 22, 2005) The applicant was present. Staff presented the item and noted additional information was needed regarding signage, fencing and site lighting. Staff asked that the dumpster/trash enclosure be shown on the site plan and Fire Marshall approval be provided. Staff commented that use of the playground should be limited to daylight hours. Staff described the changes that would be necessary to provide the required six (6) parking spaces. 2 December 1, 2005 ITEM NO.: D (Cont.) FILE NO.: Z-7932 Public Works, Utility and Landscape Comments were noted and discussed. The applicant was directed to contact these individual agencies if there were questions. The applicant was advised to respond to staff issues by September 28, 2005. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The R-3 zoned property located at 2223 S. Pine Street is occupied by a one- story, frame, single-family residence. The applicant is requesting approval of a conditional use permit to allow for conversion of the residence into a day care center. There will be no residential occupancy of the structure. The day care center is proposed to employ four (4) persons and to have an enrollment of 23 children. Days and hours of operation are proposed Monday through Friday, 7:00 a.m. to 5:30 p.m. Signage is proposed to consist of a 5'X 5' sign in front of the house. There will be no dumpster. The playground will be located in the back yard area and will be used only during daylight hours. A 6 -foot tall wood privacy fence is located along the north property line. This day care center requires 6 on-site parking spaces; one (1) per employee and one (1) for every ten (10) children enrolled. Five (5) spaces can be provided utilizing the alley to access the existing paved driveway at the rear of the site. If deemed necessary by the Commission, the applicant will place one parking space in front of the house, taking access off of Pine Street. There is street parking available on 23rd Street. No street parking is allowed on Pine Street. Staff is not supportive of the requested C.U.P. The request is to convert the residence into a day care center. The use will not be a day care family home; there will be no residential occupancy of the structure. The property is located within the heart of a single family and two-family neighborhood. Even most of the C-3 zoned properties located one block west of the site are occupied by residences. A C-3 zoned property at 23`d and Cedar was recently rezoned to R-3 to allow for construction of a new residence. Staff does not believe the proposed day care center is compatible with uses in the area. There is vacant, C-3 zoned property which could be developed for a day care located north of this site at Charles Bussey and Pine. There is no bill of assurance issue. AFF RECOMMENDATION: Staff recommends denial of the application. 3 December 1, 2005 ITEM NO.: D (Cont.) FILE NO.: Z-7932 PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had not correctly followed the notification procedure and the item needed to be deferred. There was no further discussion. The item was placed on the Consent Agenda and deferred to December 1, 2005 with a vote of 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (DECEMBER 1, 2005) The applicant was not present. There were no objectors present. Staff informed the Commission that, at 2:00 on December 1, 2005, the applicant had requested withdrawal of the item. There was no further discussion. A motion was made to waive the Commission's bylaws to accept the late withdrawal request. 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 withdrawal by a vote of 10 ayes, 0 noes and 1 absent.