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HomeMy WebLinkAboutZ-8219 Staff AnalysisJune 7, 2007 ITEM NO.: 11 FILE NO.: Z-8219 NAME: LOCATION: OWNER/APPLICANT PROPOSAL SITE LOCATION: Scholastic Academy Pre -School — Conditional Use Permit 415 East 17th Street Jonell, LLC/Chris and Shacona Jones A conditional use permit is requested to allow for construction of a pre-school facility on this R-4 zoned property. The property is located on the south side of East 17th Street, between Rock and Commerce Streets. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in the predominately single family neighborhood that was impacted by the 1999 tornado. Many of the lots were cleared and remain undeveloped. Other properties in the area are occupied by single family residences. Some of the residential structures have been left vacant and have been vandalized. Other uses in the area include three churches located to the south of the site and a special needs multifamily development located two blocks to the north. There has been a recent renaissance of residential construction in this area. New homes have been constructed on several of the lots around this site. Staff believes it is important to encourage new residential development in the area and is concerned that this nonresidential use could hamper that effort. The day care center would be better located in an area outside of or on the fringe of the residential neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Downtown, MacArthur Park and Pettaway Park — East of Broadway Neighborhood Associations were notified. 3. ON SITE DRIVES AND PARKING: The day care is proposed to have a maximum enrollment of 50 students with 5 employees, requiring 10 on -site parking spaces. The applicant proposes to construct 12 parking spaces and a separate drop-off/pickup drive; both taking access via a one way driveway off of 17t" Street. The parking and driveways are sufficient for the proposed use. June 7, 2007 ITEM NO.: 11 (Cont.) FILE NO.: Z-8219 4. SCREENING AND BUFFERS: Site plan must comply with the City's minimal landscape and buffer ordinance requirements. The zoning buffer ordinance requires an average eighteen foot (18) street buffer along Rock Street and in no case less than half. The current proposal reflects parking within this area; please revise. The zoning buffer ordinance requires a six foot 9 inch wide land use buffer along the southern perimeter of the property next to the residentially zoned property. Seventy percent of this area is to remain undisturbed. 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 perimeter of the site next to the residentially zoned property. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year -around requirement. All newly landscaped areas must include a water source within seventy- five foot. The landscape ordinance requires a minimum of 8% of the paved areas be landscaped with interior islands of at least 7 Meet in width and 150 square feet in area. Proposed plan does not currently reflect this minimum. 5. PUBLIC WORKS COMMENTS: A twenty (20) foot radial dedication of right-of-way is required at the intersection of Rock Street and 17t" Street and 17th Street and Commerce Street. 2. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of driveway must not exceed thirty-six (36) feet. Staff will support driveway spacing for one-way driveways only, as indicated. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 6. UTILITY. FIRE DEPT. AND CATA COMMENTS: Wastewater: Existing 6" sewer main located in alley. Sewer available to this property. 2 June 7, 2007 ITEM NO.: 11 (Cont.) FILE NO.: Z-8219 Entergy: No Comment received. CenterPoint Energy: Approved as submitted. AT&T (SBC): No Comment received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: A fire hydrant may be required. County Planning: No Comments. CATA: A CATA bus route is located along Rock Street, west of this site. SUBDIVISION COMMITTEE COMMENT: (MAY 17, 2007) The applicants were present. Staff presented the item and noted additional information was needed regarding building design and height, days and hours of operation, student enrollment and employee numbers, fencing, signage, site lighting and dumpster location. Staff noted the design criteria of the Central City Redevelopment Corridor Design Overlay District and stated there would likely be variances requested from those standards. Public Works, Landscape and Utility Comments were noted and discussed. Public Works Staff stated they would review the driveway locations based on the one-way traffic movement on the site. In response to a question, the applicants stated they currently operated a facility at 200 East 13th Street and this proposed facility would be for children ages 2-5. The applicants were instructed to respond to staff issues by May 23, 2007. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: A conditional use permit is requested to allow for construction of a preschool center on the R-4 zoned lots located at 415 East 17th Street. The property is comprised of three (3) lots. Currently, five (5) residential structures are located on the property. Four (4) of the five (5) are vacant and boarded. The applicants propose to remove the structures and build in their place a one-story, 60' X 100' building and associated driveways and parking. 3 June 7, 2007 ITEM NO.: 11 (Cont FILE NO.: Z-8219 The preschool center is proposed to have an enrollment of 50, 2-5 year olds with 5 employees. Days and hours of operation are proposed as Monday through Friday, 6:00 a.m. — 6:00 p.m. A play area will be located on the west side of the building. The building will be one story in height and will have an exterior finish of brick and siding that resembles wood and is compatible with the homes in the area. The building will have a metal flat panel roof with a 4:12 pitch. A 6-foot tall privacy fence will be installed along the southern perimeter of the site. Site lighting will consist of down lighting at the building corners and a single pole light in the parking lot. Access to the site will be via a one way driveway off of 17tn Street. The driveway splits to access a 12 space parking lot on the west side of the property and a drop-off/pickup drive in front of the building. The drop-off driveway extends under a canopy that extends out from the building toward 17tn Street. The applicant submitted responses to most issues raised at Subdivision Committee. There is no bill of assurance for this Original City of Little Rock property. Signage has not been specified. If approved, signage should be limited to that allowed in office -institutional zones. The dumpster location has been shown. Screening of the dumpster must comply with ordinance requirements. The applicants are currently operating a facility at 200 East 13cn Street. That facility will be converted to infants -only and this facility will focus on children ages 2 — 5. The site is located within the Central City Redevelopment Corridor Design Overlay District and new development must comply with the following criteria: (1) Roofline. A roof pitch of less than 4:12 shall be prohibited. (2) Materials. The materials of the exterior shell shall be wood, brick or a material that resembles wood. (3) Orientation. The orientation shall be consistent with that of other structures on the developed block face. (4) Entrances. The primary entrance shall be consistent with that of other structures on the developed block face. (5) Parking. Parking shall be prohibited in the front yard setback. (6) Nonresidential setbacks. Nonresidential new construction shall be sited at the front property line of the block face. Due to the number of vacant lots immediately around the site, it is difficult to determine exactly what orientation best matches other structures. A variance will be required to allow the parking in the front yard setback adjacent to Rock Street. Staff has concerns about siting this nonresidential use at this location. The neighborhood, which was devastated by the 1999 tornado, has experienced a modest resurgence in new residential construction. New single family homes are a] June 7, 2007 ITEM NO.: 11 (Cont.) FILE NO.: Z-8219 being built by private investors and the CDC. Staff feels the proposed business could negatively impact those redevelopment efforts. The day care center would be better located outside of or on the fringe of the residential neighborhood. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (JUNE 7, 2007) The applicants were present. There were several supporters and one objector present. Staff presented the item and a recommendation of approval. One of the applicants, Shacona Jones, addressed the Commission. She stated they had been in business for three years and had recently been licensed by the State as an ABC School. She stated her teachers were all certified and all had at least an Associate Degree or higher. Ms. Jones stated she had spoken with a specialist who told her that the proposed pre-school would not diminish property values in the area. She stated their investment in the property would be about $500,000. Ms. Jones stated the building would be 100% brick. She cited several area businesses and area citizens who supported the proposal. Ms. Jones presented a petition and letters of support. She concluded by stating they were investing in the neighborhood and in early childhood education. The other applicant, Chris Jones, addressed the Commission. He stated the building would be 100% brick and would have an 8:12 pitched, shingled roof. Ruth Bell, of the League of Women Voters, spoke in opposition. She stated the proposed commercial use was not appropriate for location in the residential neighborhood. Commissioner Fred Allen stated he was familiar with the site. He stated the proposed pre-school was preferable to the existing conditions on the site. Commissioner Adcock stated she would support the application since it was for a pre-school, not a day care center. Manta Steele, of 8 Rocky Crest Court, spoke in support of the application. Chris Jones read from a letter of support from the Pettaway Park Neighborhood Association. In response to a question from Commissioner Taylor, Mr. Jones stated the facility was not focusing on providing after -school care and was not a "baby-sitting" facility. Commissioner Taylor told Mr. Jones he would have to come back to the 5 June 7, 2007 ITEM NO.: 11 (Cont. FILE NO.: Z-8219 Commission at a later date if he wanted to add after -school care. Commissioner Allen stated they could add that at this time and not have to come back at a later date. In response to a question from Commissioner Yates, Mr. Jones stated they had chosen this site because they wanted to stay in the neighborhood and because the ABC status allows children below the poverty level to attend at no cost. There was then a discussion of the nature of conditional use permits. Staff stated the C.U.P would go with the property unless there was a condition attached which limited it to a specific person or business. A motion was made to approve the application subject to all staff comments and conditions, less the recommendation of denial. Staff asked the applicants to clarify amendments they had made in their presentation. Mr. Jones stated the building would be 100% brick and that it would have an 8:12 pitched, shingled roof. The vote on the motion was 9 ayes, 0 noes, 1 absent and 1 open position. 0