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HomeMy WebLinkAboutZ-8311 Staff AnalysisFebruary 28, 2008 ITEM NO.: 6 FILE NO.: Z-8311 NAME: Chenal Adult Day Services Adult Day Care Center — Conditional Use Permit LOCATION: 805 Kirby Road OWNER/APPLICANT: Claire Bailey/Lynda Sikes PROPOSAL: A conditional use permit is requested to allow use of the residential structure on this R-2 zoned tract as an adult day care center. SITE LOCATION: The property is located on the east side of Kirby Road; approximately 1,000 feet north of Kanis Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area that is principally single family in use and zoning. Properties to the north, east and south are occupied by varying types of single family residences on larger lots. The R-2 property across Kirby Road to the west is undeveloped. An as -yet undeveloped single family subdivision is proposed for the PRD zoned tract to the southwest. More urban single family neighborhoods are located just to the north and east. Two churches are located to the north. This relatively small day care use could serve as a good transition between the mixed office commercial development, which will occur at some point to the south and the residential uses. The adult day care center will not generate the type of outside activity typically associated with a children's day care. The use should be relatively quiet and low impact in nature. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Parkway Place Neighborhood Association were notified of this request. February 28, 2008 ITEM NO.: 6 (Cont.) FILE NO.: Z-83 3. ON SITE DRIVES AND PARKING: The site currently has a standard, residential, two -car driveway, with access off of Kirby Road. The daycare is proposed to have an enrollment of 20 clients with 5 employees, requiring 7 on -site parking spaces. The applicants propose to construct 2 spaces off of the driveway in front of the house. The driveway is proposed to extend to the rear yard where an additional 6 spaces are to be constructed. The applicants are requesting a 2-year deferral of the requirement to pave the new parking area. 4. SCREENING AND BUFFERS: Site plan must comply with the City's landscape and buffer ordinance requirements. Any new parking must comply with the zoning parking ordinance, buffer ordinance, and the landscape ordinance. Currently, it appears the parking area is being proposed in the required landscape and buffer area; revise. The zoning buffer ordinance requires an eight foot wide land use buffer along both the northern and southern property line next to the residentially zoned properties. Seventy percent (70%) of this area is to remain undisturbed. Any/all trees located within this area must be preserved. The zoning buffer ordinance requires a nineteen foot wide (19') land use buffer along the eastern property line next to the residentially zoned property. Seventy percent (70%) of this area is to remain undisturbed. Any/all trees located within this area must be preserved. The zoning buffer ordinance requires an average nineteen foot wide (19') street buffer and in no case less than half along the western property line next to the street. The property to the north, south and east is zoned residential, therefore, 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 northern, southern, and eastern perimeters of the site. 5. PUBLIC WORKS COMMENTS: 1. Kirby Road is classified on the Master Street Plan as a collector street. A dedication of right-of-way thirty (30) feet from centerline will be required. 2 February 28, 2008 NO.: 6 (Cont. FILE NO.: Z-8311 2. Due to the new driveway, provide a letter prepared by a registered engineer certifying the sight distance at the intersection of Kirby Road and the driveway complies with 2004 AASHTO Green Book standards. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer not available to this property at this time. Little Rock Wastewater is in the process of constructing sewer mains to serve this area and project should be completed in 2008. Entergy: No comment received. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. If a larger and/or additional water meter(s) are required, a Capitol Investment charge based on the size of connection(s) will apply to this project in addition to normal charges. If this development takes place, please contact Central Arkansas Water to change this to a commercial class meter. Fire Department: Fire hydrant may be required. Contact Captain Dennis Free at Little Rock Fire Department; Phone # 918-3757. County Planning: No Comments. CATA: The site is not located on or near a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 7, 2008) The applicants were present. Staff presented the item and noted additional information was needed regarding fencing, signage and site lighting. The applicants were advised to provide a site plan showing a properly designed parking lot. The applicants were advised that the parking and drives would need to be paved or a variance approved. Staff noted the bill of assurance submitted with the application. Staff questioned if the bill of assurance was correct and advised the applicants to do further research at the county. Public Works, Landscape and Utility Comments were discussed. Public Works staff stated the proposed circular driveway would not be allowed unless a registered Engineer certified sight distance in compliance with AASHTO Green Book standards. February 28, 2008 ITEM NO.: 6 (Cont. FILE NO.: Z-8311 The applicants were advised to respond to staff issues by February 13, 2008, The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned, .92± acre tract located at 805 Kirby Road is occupied by a one- story, brick and frame, single family residential structure. The applicants are requesting approval of a conditional use permit to allow use of the structure as an adult day care center. Eight parking spaces are proposed to be constructed on the site; two in the front yard and six in the rear yard. The day care is proposed to have an enrollment of 20 clients with 5 employees. Days and hours of operation are proposed as Monday through Friday, 7:30 a.m. to 5:30 p.m. The rear yard is currently enclosed with a 4-foot tall chain link fence. Dense evergreen shrubs will be planted along the north, east and south perimeters to provide screening. A small ground sign (4' tall, 30" X 26" in area) will be placed in the front yard. Pole mounted security lights are proposed in both the front and rear yards, at the parking areas. The day care is currently operated in an office building on Hardin Road. The facility is licensed by the Arkansas Office of Long -Term Care. The applicants desire to relocate the facility to a location that will provide a home -like environment and will allow their clients to enjoy the outdoors during those times of year when the weather permits. Staff is supportive of the proposed use. The property is located at the edge of a residential neighborhood. Other institutional type uses are located to the north. The property is not a small lot in a dense urban neighborhood. Adjacent properties are similar in size or larger than this 1.0± acre tract, providing adequate separation between uses. The relatively small day care will not generate traffic to a degree that will impact the street or the neighborhood. The applicant is requesting a two-year deferral of the paving requirement for the new parking spaces. Staff can support the deferral for the parking in the rear yard. The new spaces in front should be paved with opening of the day care. The applicant did respond to issues raised at Subdivision Committee as noted in the analysis above. A proposed circular driveway has been removed from the plan. The fire department has determined the site is within required distance from an existing fire hydrant. The applicant has visited with the utility agencies and has addressed their comments. The 1918 bill of assurance for Asbury Acres is mostly illegible but likely does not address use issues. 12 February 28, 2008 ITEM NO.: 6 Wont. STAFF RECOMMENDATION: FILE NO.: Z-8311 Staff recommends approval of the C.U.P. subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. Staff recommends approval of a two-year deferral of the paving requirement for the new parking spaces located to the rear of the residence. PLANNING COMMISSION ACTION: (FEBRUARY 28, 2008) Jeff and Lynda Sikes were present, representing the application. There was one (1) person present with concerns and one (1) person present in support. Staff presented the item with a recommendation of approval. The Sikes addressed the Commission in support of the application. Jeff Sikes expressed a desire to move the day care use from its current location to have a more home -like environment. Lynda Sikes described the proposed day care use. She explained that there was a desire to have a day care location with yard space for the clients. She noted that additional landscaping would be installed around the parking area in the rear yard. She stated that the height of the proposed sign could be reduced. She also explained that the proposed day care use was a quiet, low-key use. Commissioner Nunnley asked about the maximum number clients. Ms. Sikes stated that the maximum would be 20 clients. Ross Phillips addressed the Commission in support of the application. Grant Cox addressed the Commission with concerns on behalf of the Parkway Place Neighborhood Association. He noted that his main concern was with the proposed use, if approved, leading to other future changes in the residential neighborhood. He expressed concern with traffic in the area. He noted that the proposed sign needed to be lower than four (4) feet. Lynda Sikes amended the application to have a maximum sign height of three (3) feet and to install screening shrubs along the west side of the rear parking lot (between the parking and the street). There was a motion to approve the application as amended by the applicant and recommended by staff. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was approved. 5