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HomeMy WebLinkAboutZ-8091 Staff AnalysisFILE NO.: Z-8091 NAME: Flake Short -form PD -O LOCATION: Located on Norton Road, just South of Cantrell Road DEVELOPER: Chris Flake 3709 Idlewild North Little Rock, AR 72116 SURVEYOR: James Butler 5323 John F. Kennedy Boulevard North Little Rock, AR 72116 AREA: 0.812 Acres CURRENT ZONING ALLOWED USES: PROPOSED ZONING PROPOSED USE: NUMBER OF LOTS: 1 R-2, Single-family Single-family Residential Infant Daycare Facility FT. NEW STREET: 0 VARIANCESNVAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 18,402 adopted December 12, 2000, by the Little Rock Board of Directors established My Little School Short -form PD -O located on the southeast corner of Cantrell Road and Norton Road. The site was originally zoned R-2 which would typically require a Conditional Use Permit to allow the site to develop with a daycare facility but since the site was located in the Highway 10 Design Overlay District and the site was less than two acres, a Planned Development was sought. The approved plan included the development of a 6,000 square foot daycare facility with a maximum building height of 24 -feet. The applicant indicated a total of 31 parking spaces with a single access point along Norton Road. The applicant indicated a total of 148 children and the hours of operation to be from 5:30 am to 6:00 pm Monday through Friday. FILE NO.: Z-8091 (Cont.) The site is located in an unincorporated island of the City. The applicant's property is not contiguous to the city limits and he tried unsuccessfully to annex by encouraging contiguous property owners to request annexation into the City. The applicant secured from the City Manger's Office an agreement to extend sewer to the site by signing a pre -annexation agreement. On January 6, 2004, the Little Rock Board of Directors adopted Ordinance No. 19,014 revising the previously approved PD -O. The applicant requested to revise the previously approved PD -O to allow the construction of a 7,000 square foot building on the site and to be allowed a room upstairs for an office use. There was no change in the number of children served at the facility or the days and hours of operation. The applicant is requesting a Planned Office Development zoning to allow the placement of a daycare facility on the site located immediately south of his existing daycare facility. The existing business has been operational since July 5, 2005. The building is proposed as a single story building that will serve as an infant center. The facility will house up to 48 children with approximately eight employees. The facility will operate during the same business hours as the existing facility or from 6:30 am to 6:00 pm Monday through Friday. The building will have one staff restroom with approximately five sinks and a utility room with a washer and dryer. The site plan indicates the placement of 15 on-site parking spaces. According to the applicant, availability of care for this particular age group tends to be scarce in the childcare industry. With the isolation of this age group from the older children the applicant has indicated this should help to control sickness within the infant program. A privacy fence has been indicated on the proposed site plan along the southern and western perimeters. The applicant has indicated no dumpster will be placed on the site and the dumpster located on the existing site will be utilized by the new facility. B. EXISTING CONDITIONS: The site contains a single-family residence. Immediately north of the site is a daycare facility. There are single-family homes located to the south and across Norton Road to the west. There is a mixture of commercial and residential uses and zoning located along Cantrell Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls concerning the proposed development. The Johnson Ranch Neighborhood Association, the Aberdeen Property Owners Association, the Margeaux Property Owners Association, all residents located within 300 -feet of the site who could be identified and all property owners located within 200 -feet of the site were notified of the public hearing. K FILE NO.: Z-8091 (Cont.) D. ENGINEERING COMMENTS: Public Works: 1. The proposed land use would classify Norton Road on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 2. With the site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvement to the street including 5 -foot sidewalk with the planned development. 3. Driveway locations do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The lots must share a single driveway access. Proposed parking lot should take access from the existing parking lot. 4. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. The property is located outside the City limits of Little Rock. Approval from the Little Rock Board of Directors is required prior to connecting to the wastewater system. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. 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). Contact Central Arkansas Water regarding meter size and location. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. Fire Department: Outside the service boundary. Provide a letter from the area volunteer fire department indicating their knowledge of the proposed project and their ability to serve the development. County Planning: Driveway permit required from Pulaski County Road and Bridge. Contact Pulaski County Planning at 340-8260 for additional information. CATA: The site is located near CATA Bus Route #25, the Highway 10 Express Route. 3 FILE NO.: Z-8091 (Cont.) F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a POD for an, infant day care facility. A land use plan amendment for a change to Suburban Office is a separate item on this agenda (LU06-19-06). Master Street Plan: Cantrell Road is shown as a Principal Arterial on the Master Street Plan and Norton Road is shown as a Local Street. These streets will require dedication of right-of-way and may require street improvements. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". These streets have a design standard the same as a Collector. Bicycle Plan: A Class II bike route is shown along Cantrell Road. A Class II bikeway is located on the street as either a foot shoulder or six foot marked bike lane. Additional paving and right of way may be required. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. Landscape: 1. Compliance with the City's Landscape and Buffer Ordinances is required. 2. The landscape and zoning buffer ordinance require a nine foot wide (9'-0") land use buffer next to the residentially zoned properties along the southern perimeter of the site. Easements cannot count toward fulfilling this requirement. Seventy percent (70%) of these buffers are to remain undisturbed. 3. The landscape ordinance requires a minimum nine foot wide (9'-0") landscape perimeter strip along the northern and southern perimeters of the site. A variance from this minimum requirement will require a variance from the City Beautiful Commission. 4. The landscape and zoning buffer ordinance require an average twelve foot wide (12'-0") land use buffer next to the residentially zoned properties along the eastern perimeter of the site. Easements cannot count toward fulfilling this requirement. Seventy percent (70%) of these buffers are to remain undisturbed. 0 FILE NO.: Z-8091 (Cont.) _ 5. The zoning buffer ordinance requires an average twelve foot wide (12'-0") street buffer and in no case less than nine foot wide (9'-0") along Norton Road. 6. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern and eastern perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year -around requirement. 7. Curb and gutter or another approved border will be required to protect landscaped areas from vehicular traffic. 8. The landscape ordinance requires a minimum 3 foot wide landscaping strip between the building and the proposed parking lot. G. SUBDIVISION COMMITTEE COMMENT: (August 24, 2006) The applicant was not present. Staff presented an overview of the proposed development indicating they would work with the applicant to resolve any outstanding issues associated with the request prior to the Commission meeting. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised by staff during the August 24, 2006, Subdivision Committee meeting. The applicant has provided the days of operation, details of any proposed fencing including the location, height and construction materials, the proposed dumpster location or the means of garbage disposal and details of any proposed signage including location, height and area. The site plan indicates a screening fence will be placed along the southern and eastern perimeters of the site. The site plan indicates a dumpster will not be placed on the site and garbage disposal will be handled through the use of an existing dumpster located on the applicant's adjacent business. No new ground mounted sign is being proposed. Building signage is proposed consistent with signage allowed in office zones or a maximum of ten percent of the facade area. The proposal is to remove an existing single-family residences from the site and construct a new 3,500 square foot building. The site plan indicates a 25 -foot setback from the eastern property line and a 30 -foot setback along the southern perimeter. Minimum landscape buffers have been indicated within these setback areas. The site plan indicates the placement of a shared drive from the existing daycare center site to serve this development. The site plan also indicates the placement of 15 on-site parking spaces. A drive-through canopy has been indicated on the front of the new building to allow drop-offs out of the weather. Parking for a daycare facility is typically required at one space per administrator, teacher and employee on the largest shift plus one space per facility vehicle plus one space per ten persons of the licensed capacity. The center will employ eight persons and forty-four children will be served. The typical minimum parking required would be 12 parking spaces. �i FILE NO.: Z-8091 (Cant.) The site is located outside the City limits of the City of Little Rock but is located within the City's Extraterritorial Planning Jurisdiction. The area is located within an unincorporated island which the City has plans to annexed prior to the 2010 Census. Staff is not supportive of the request. The site is indicated as Single Family on the City's Future Land Use Plan as is the area to the south and west. Norton Road is a short residential street with homes on large lots fronting the street. The Maywood Manor Subdivision is located immediately west of Norton Road and the Aberdeen Neighborhood is located immediately south of Norton Road. Staff feels this area should be protected as a residential neighborhood. There was a recent proposal by the property owners of Norton Road to rezone the entire area to a non-residential use which was denied by the Planning Commission. Although the proposed use would appear to not be an intense use staff feels the allowance of the rezoning would allow prospective developers to "get their foot in the door" for approval of more intense zonings for this area. Staff feels the integrity of these small single-family subdivisions should be protected and the rezoning request denied, maintaining the single-family uses in the area. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: The applicant was present representing thi present. Staff presented the item with a Mr. Chris Flake addressed the Commission proposed use as an infant care center was daycare since there would be no outdoor pl (OCTOBER 26, 2006) request. There were registered objectors recommendation of denial of the request. on the merits of his request. He stated the not an intense use and less intense than a iy. He stated the hours would conducive to residential uses since the center was closed by 6:00 pm and not open on weekends. He stated a daycare was like a school which was allowed adjacent to residential uses. He stated he was not asking to add any additional traffic to the area since there would be no new driveway cuts along Norton Road. He stated a number of the clients would utilize the services of both centers. He stated the location was critical to allow parents to drop off children at one location instead of traveling to two separate locations for drop offs and pickups. Ms. Alicia Finch addressed the Commission in opposition of the request. She stated the proposed development was an expansion of commercial activities in the area and an encroachment into the neighborhood. She stated to allow the rezoning would open the door for developers to expand non-residential uses into these existing neighborhoods which the residents preferred to keep closed. She requested the Commission protect the neighborhoods and deny the request. Mr. Paul DeBusk addressed the Commission in opposition of the request. He stated previously he was notified of the proposed daycare and was not concerned since the 0 Highway 10 Plan was in place. He stated he felt the plan would protect the residents and the neighborhood which had not been the case and the childcare facility was approved. He stated he felt the area should remain residential and if the site was rezoned to allow all the homes on Norton Road to also be rezoned to commercial. He stated the traffic and noise increased with the first phase of the daycare and with the additional children this would only intensify. Ms. Janus Argo addressed the Commission in opposition of the request. She stated she was fearful of the entire area becoming commercial as Mr. DeBusk had indicated. She stated her subdivision was located to the south of the homes on Norton Road and if the area became a commercial area this would affect the residents of Aberdeen. Ms. Ruth Bell, representing the League of Women Voters, addressed the Commission in opposition of the request. She stated once a site was rezoned to an office use it was difficult for the site to become residential again. She stated the residents of adjoining subdivision should be protected for commercial development eroding their neighborhoods. Mr. Flake stated if approved and he chose to do some other business the Commission would have to revisit the approval. He stated he was requesting a specific use, an infant day care center, for the site. He stated the traffic would not flow any further into the neighborhood since he would utilize his existing curb cut. He stated the proposed use was not an intense use and the location was critical since it was adjacent to his existing facility. He stated this offered convenience to his customers. The Commission questioned if the existing building could be expanded to provide the space. Mr. Flake stated this was not an option. The Commission questioned if alternative locations had been reviewed. Mr. Flake stated he had looked at other locations but the current location served his needs the best. A motion was made to approve the request. The motion failed by a vote of 5 ayes, 4 noes and 2 absent. 7 October 26, 2006 ITEM NO.: J.1 NAME: Flake Short -form PD -O LOCATION: Located on Norton Road, just South of Cantrell Road DEVELOPER - Chris Flake 3709 Idlewild North Little Rock, AR 72116 SURVEYOR: James Butler 5323 John F. Kennedy Boulevard North Little Rock, AR 72116 AREA: 0.812 Acres CURRENT ZONING: ALLOWED USES: PROPOSED ZONING: PROPOSED USE: NUMBER OF LOTS: 1 R-2, Single-family Single-family Residential Infant Daycare Facility FILE NO.: Z-8091 FT. NEW STREET: 0 VARIANCESIWAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 18,402 adopted December 12, 2000, by the Little Rock Board of Directors established My Little School Short -form PD -O located on the southeast corner of Cantrell Road and Norton Road. The site was originally zoned R-2 which would typically require a Conditional Use Permit to allow the site to develop with a daycare facility but since the site was located in the Highway 10 Design Overlay District and the site was less than two acres, a Planned Development was sought. The approved plan included the development of a 6,000 square foot daycare facility with a maximum building height of 24 -feet. The applicant indicated a total of 31 parking spaces with a single access point along Norton Road. The applicant indicated a total of October 26, 2006 SUBDIVISION ITEM NO.: J.1. (Cont. FILE -NO.: Z-8091 148 children and the hours of operation to be from 5:30 am to 6:00 pm Monday through Friday. The site is located in an unincorporated island of the City. The applicants property is not contiguous to the city limits and he tried unsuccessfully to annex by encouraging contiguous property owners to request annexation into the City. The applicant secured from the City Mangers Office an agreement to extend sewer to the site by signing a pre -annexation agreement. On January 6, 2004, the Little Rock Board of Directors adopted Ordinance No. 19,014 revising the previously approved PD -O. The applicant requested to revise the previously approved PD -O to allow the construction of a 7,000 square foot building on the site and to be allowed a room upstairs for an office use. There was no change in the number of children served at the facility or the days and hours of operation. A. PROPOSAL: The applicant is requesting a Planned Office Development zoning to allow the Placement of a daycare facility on the site located immediately south of his existing daycare facility. The existing business has been operational since July 5, 2005. The building is proposed as a single story building that will serve as an infant center. The facility will house up to 48 children with approximately eight employees. The facility will operate during the same business hours as the existing facility or from 6:30 am to 6:00 pm Monday through Friday. The building will have one staff restroom with approximately five sinks and a utility room with a washer and dryer. The site plan indicates the placement of 15 on-site parking spaces. According to the applicant, availability of care for this particular age group tends to be scarce in the childcare industry. With the isolation of this age group from the older children the applicant has indicated this should help to control sickness within the infant program. A privacy fence has been indicated on the proposed site plan along the southern and western perimeters. The applicant has indicated no dumpster will be placed on the site and the dumpster located on the existing site will be utilized by the new facility. B. EXISTING CONDITIONS: The site contains a single-family residence. Immediately north of the site is a daycare facility. There are single-family homes located to the south and across Norton Road to the west. There is a mixture of commercial and residential uses and zoning located along Cantrell Road. �: October 26, 2006 SUBDIVISION ITEM NO.: J.1. Cont. FILE NO.: Z-8091 C. E. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls concerning the proposed development. The Johnson Ranch Neighborhood Association, the Aberdeen Property Owners Association, the Margeaux Property Owners Association, all residents located within 300 -feet of the site who could be identified and all property owners located within 200 -feet of the site were notified of the public hearing. ENGINEERING COMMENTS: Public Works: 1. The proposed land use would classify Norton Road on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 2. With the site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvement to the street including 5 -foot sidewalk with the planned development. 3. Driveway locations do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The lots must share a single driveway access. Proposed parking lot should take access from the existing parking lot. 4. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. UTILITIES AND FIRE DEPARTMENTICOUNTY PLANNING - Wastewater. Sewer available to this property. The property is located outside the City limits of Little Rock. Approval from the Little Rock Board of Directors is required prior to connecting to the wastewater system. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. 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). Contact Central Arkansas Water regarding meter size and location. A Capital Investment 3 October 26, 2006 SUBDIVISION ITEM NO.: J.1.(Cont. FILE NO.: Z-8091 Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. Fire Department: Outside the service boundary. Provide a letter from the area volunteer fire department indicating their knowledge of the proposed project and their ability to serve the development. County Planning: Driveway permit required from Pulaski County Road and Bridge. Contact Pulaski County Planning at 340-8260 for additional information. CATA: The site is located near CATA Bus Route #25, the Highway 10 Express Route. F. ISSUES/TECHNil CAL/DESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a POD for an infant day care facility. A land use plan amendment for a change to Suburban Office is a separate item on this agenda (LU06-19-06). Master Street Pian: Cantrell Road is shown as a Principal Arterial on the Master Street Plan and Norton Road is shown as a Local Street. These streets will require dedication of right-of-way and may require street improvements. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutters by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Street'. These streets have a design standard the same as a Collector. Bicycle Plan: A Class II bike route is shown along Cantrell Road. A Class II bikeway is located on the street as either a foot shoulder or six foot marked bike lane. Additional paving and right of way may be required. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. 0 October 26, 2006 SUBDIVISION ITEM NO.: J.1.(Cont.)_FILE NO.: Z-8091 Landscape: 1. Compliance with the City's Landscape and Buffer Ordinances is required. 2. The landscape and zoning buffer ordinance require a nine foot wide (9-0) land use buffer next to the residentially zoned properties along the southern perimeter of the site. Easements cannot count toward fulfilling this requirement. Seventy percent (70%) of these buffers are to remain undisturbed. 3. The landscape ordinance requires a minimum nine foot wide (9-0) landscape perimeter strip along the northern and southern perimeters of the site. A variance from this minimum requirement will require a variance from the City Beautiful Commission. 4. The landscape and zoning buffer ordinance require an average twelve foot wide (1Z-0) land use buffer next to the residentially zoned properties along the eastern perimeter of the site. Easements cannot count toward fulfilling this requirement. Seventy percent (70%) of these buffers are to remain undisturbed. 5. The zoning buffer ordinance requires an average twelve foot wide (1Z-0) street buffer and in no case less than nine foot wide (9-0) along Norton Road. 6. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern and eastern perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year -around requirement. 7. Curb and gutter or another approved border will be required to protect landscaped areas from vehicular traffic. 8. The landscape ordinance requires a minimum 3 foot wide landscaping strip between the building and the proposed parking lot. G. SUBDIVISION COMMITTEE COMMENT: (August 24, 2006) The applicant was not present. Staff presented an overview of the proposed development indicating they would work with the applicant to resolve any outstanding issues associated with the request prior to the Commission meeting. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised by staff during the August 24, 2006, Subdivision Committee meeting. The applicant has provided the days of operation, details of any proposed fencing including the location, height and construction materials, the proposed dumpster 5 October 26, 2006 SUBDIVISION ITEM NO.: J.1. Cont. FILE NO,:—Z-8091 location or the means of garbage disposal and details of any proposed signage including location, height and area. The site plan indicates a screening fence will be placed along the southern and eastern perimeters of the site. The site plan indicates a dumpster will not be placed on the site and garbage disposal will be handled through the use of an existing dumpster located on the applicant's adjacent business. No new ground mounted sign is being proposed. Building signage is proposed consistent with signage allowed in office zones or a maximum of ten percent of the fagade area. The proposal is to remove an existing single-family residences from the site and construct a new 3,500 square foot building. The site plan indicates a 25 -foot setback from the eastern property line and a 30 -foot setback along the southern perimeter. Minimum landscape buffers have been indicated within these setback areas. The site plan indicates the placement of a shared drive from the existing daycare center site to serve this development. The site plan also indicates the placement of 15 on-site parking spaces. A drive-through canopy has been indicated on the front of the new building to allow drop-offs out of the weather. Parking for a daycare facility is typically required at one space per administrator, teacher and employee on the largest shift plus one space per facility vehicle plus one space per ten persons of the licensed capacity. The center will employ eight persons and forty-four children will be served. The typical minimum parking required would be 12 parking spaces. The site is located outside the City limits of the City of Little Rock but is located within the Citys Extraterritorial Planning Jurisdiction. The area is located within an unincorporated island which the City has plans to annexed prior to the 2010 Census. Staff is not supportive of the request. The site is indicated as Single Family on the City's Future Land Use Plan as is the area to the south and west. Norton Road is a short residential street with homes on large lots fronting the street. The Maywood Manor Subdivision is located immediately west of Norton Road and the Aberdeen Neighborhood is located immediately south of Norton Road. Staff feels this area should be protected as a residential neighborhood. There was a recent proposal by the property owners of Norton Road to rezone the entire area to a non-residential use which was denied by the Planning Commission. Although the proposed use would appear to not be an intense use staff feels the allowance of the rezoning would allow prospective developers to `§et their foot in the dooe' for approval of more intense zonings for this area. Staff feels the integrity of these small single-family subdivisions should be protected and the rezoning request denied, maintaining the single-family uses in the area. STAFF RECOMMENDATiONS: Staff recommends denial of the request. October 26, 2006 SUBDIVISION ITEM NO.: J.1. (Cont.) FILE NO.: Z-8091 PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of denial of the request. Mr. Chris Flake addressed the Commission on the merits of his request. He stated the proposed use as an infant care center was not an intense use and less intense than a daycare since there would be no outdoor play. He stated the hours would conducive to residential uses since the center was closed by 6:00 pm and not open on weekends. He stated a daycare was like a school which was allowed adjacent to residential uses. He stated he was not asking to add any additional traffic to the area since there would be no new driveway cuts along Norton Road. He stated a number of the clients would utilize the services of both centers. He stated the location was critical to allow parents to drop off children at one location instead of traveling to two separate locations for drop offs and pickups. Ms. Alicia Finch addressed the Commission in opposition of the request. She stated the proposed development was an expansion of commercial activities in the area and an encroachment into the neighborhood. She stated to allow the rezoning would open the door for developers to expand non-residential uses into these existing neighborhoods which the residents preferred to keep closed. She requested the Commission protect the neighborhoods and deny the request. Mr. Paul DeBusk addressed the Commission in opposition of the request. He stated previously he was notified of the proposed daycare and was not concerned since the Highway 10 Plan was in place. He stated he felt the plan would protect the residents and the neighborhood which had not been the case and the childcare facility was approved. He stated he felt the area should remain residential and if the site was rezoned to allow all the homes on Norton Road to also be rezoned to commercial. He stated the traffic and noise increased with the first phase of the daycare and with the additional children this would only intensify. Ms. Janus Argo addressed the Commission in opposition of the request. She stated she was fearful of the entire area becoming commercial as Mr. DeBusk had indicated. She stated her subdivision was located to the south of the homes on Norton Road and if the area became a commercial area this would affect the residents of Aberdeen. Ms. Ruth Bell, representing the League of Women Voters-, addressed the Commission in opposition of the request. She stated once a site was rezoned to an office use it was difficult for the site to become residential again. She stated the residents of adjoining subdivision should be protected for commercial development eroding their neighborhoods. Mr. Flake stated if approved and he chose to do some other business the Commission would have to revisit the approval. He stated he was requesting a specific use, an 7 October 26, 2006 SUBDIVISION ITEM NO.. J.1. (Cont.) FILE NO.: Z-8091 infant day care center, for the site. He stated the traffic would not flow any further into the neighborhood since he would utilize his existing curb cut. He stated the proposed use was not an intense use and the location was critical since it was adjacent to his existing facility. He stated this offered convenience to his customers. The Commission questioned if the existing building could be expanded to provide the space. Mr. Flake stated this was not an option. The Commission questioned if alternative locations had been reviewed. Mr. Flake stated he had looked at other locations but the current location served his needs the best. A motion was made to approve the request. The motion failed by a vote of 5 ayes, 4 noes and 2 absent. 0