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HomeMy WebLinkAboutZ-8023 Staff AnalysisApril 13, 2006 ITEM NO.: 12 FILE NO.: Z-8023 NAME: Changing Channels Ministries Day Care — Conditional Use Permit LOCATION: 1624 South Cleveland OWNER/APPLICANT: Changing Channels Ministries/ Anderson Lewis, Jr., Pastor PROPOSAL: A conditional use permit is requested to allow this existing church to operate a day care center. The property is zoned R-2 and POD. 1. SITE LOCATION: The property is located at the corner of S. Cleveland Street and Boyle Park Road, two blocks west of University Avenue. 2. COMPATIBILITY WITH NEIGHBORHOOD: A church has been at this location for several years. The property to the north is occupied by a city park, a YMCA, a Boys' Club and other institutional uses. The newest phase of an existing apartment complex is being built on the 0-3 zoned property to the west. Single family homes are located across S. Cleveland and Boyle Park Roads to the east and south. Allowing a day care center in this existing church is compatible with uses in the area. 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 Point O'Woods and Broadmoor Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The site currently contains two paved parking lots taking access off of Boyle Park Road and a gravel parking lot with access off of Cleveland Street. No changes are proposed at this time. The church hopes to eventually pave and landscape the gravel parking area. The proposed day care for 60 children with a total of 7 employees requires 13 parking spaces. There is more than sufficient parking on the site to accommodate the use. April 13, 2006 ITEM NO.: 12 Cont. FILE NO.: Z-8023 4. SCREENING AND BUFFERS: All new vehicular use areas, including future paving of the gravel parking lot, must be designed to comply with the City's Landscape and Buffer Ordinances. 5. PUBLIC WORKS COMMENTS: No comments on use issue. Future paving must comply with stormwater detention regulations. 6. UTILITY FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: Contact Central Arkansas Water if additional water service is required. Fire Department: Fire sprinkler may be required. Contact Fire Marshall at 918-3752 (Dennis Free). County Planning: No Comments. CATA: The site is not located on a CATA bus route. A bus route is located east of the site, along University Avenue. SUBDIVISION COMMITTEE COMMENT: (MARCH 23, 2006) The applicants were present. Staff presented the item and noted some additional information has needed. Staff asked the applicants to provide a complete survey/site plan showing the church's entire ownership. Staff asked for fencing, signage and site lighting plans. The applicants were asked to show the proposed location of any playground. In response to a question from staff, the applicants stated the gravel parking lot north of the church was existing and had not been expanded. Staff noted there were two outstanding issues that needed to be addressed. Staff stated there was a 10 -foot alley right-of-way within the church property that 2 April 13, 2006 ITEM NO.: 12 (Cont. NO.: Z-8023 needed to be abandoned. Staff also stated four lots of the church's ownership had previously been zoned POD for a lodge hall and office use which had never been developed. Staff stated that POD needed to be revoked. Staff suggested that the C.U.P. application could go forward with resolution of those two issues being conditions of approval. Utility and Fire Department comments were noted. The applicants were instructed to respond to staff issues no later than March 29, 2006. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Changing Channels Ministries Church is located at 1624 South Cleveland Street. The church purchased the site from its former owners, a Nazarene Church, in May 2005. The site contains a one-story, brick church building and a combination of paved and gravel parking lots. Changing Channels is requesting approval of a conditional use permit to allow a day care to be operated in the church. The proposed age group is from infants to 5 years old. The maximum enrollment is proposed as 60 children. Hours of operation are proposed as 7:00 a.m. — 5:30 p.m., Monday — Friday. The day care will have 5 teachers, a director and program coordinator. A playground will be constructed directly adjacent to the rear (west side) of the church building. The play area will be enclosed by a 5 -foot tall chain-link fence. Signage for the day care will consist of a wall sign at the entrance and perhaps an addition to the existing ground -mounted church sign. No changes are proposed to the existing parking lots or driveways at this time. At some point, the gravel parking lot north of the church may be paved. No new site lighting is proposed. Staff is supportive of the request. Allowing a day care center to be operated by this existing church is a reasonable use and should have no impact on nearby properties. There are two outstanding issues which must be resolved. There is a platted but undeveloped, 10 -foot alley right-of-way which extends through the church property which needs to be abandoned. The church owns the entire block. The alley dead -ends on the north at the abandoned 16th Street right-of-way that is located between the church site and the city park. The four northern -most lots of the church property were rezoned to POD in 2002 for the proposed development of a Knights of Columbus hall and general offices. That sale and development never occurred. The POD needs to be revoked and the previous R-2 zoning restored. Staff believes it is appropriate to proceed with approval of the C.U.P., subject to those two issues being resolved. 3 April 13, 2006 l� � �►�ni��if��[�•Ti�i# LE NO.: Z-8023 On March 29, 2006, the applicants submitted responses to the issues raised at Subdivision Committee and reflected in the analysis above. The bill of assurance is very old and illegible. It likely does not address use issues. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit to allow the proposed day care center subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. The alley right-of-way is to be abandoned. 3. The POD known as Knights of Columbus Short -Form POD (Z-7220) is to be revoked. PLANNING COMMISSION ACTION: (APRIL 13, 2006) The applicants were present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation" above. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 8 ayes, 0 noes and 3 absent. 4