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HomeMy WebLinkAboutZ-8362-A Staff AnalysisJanuary 8, 2009 ITEM NO.: 5 FILE NO.: Z-8362-A NAME: Robinson Day Care Center — Conditional Use Permit LOCATION: 1102 West 21st Street OWNER/APPLICANT, Wilma Robinson PROPOSAL: A conditional use permit is requested to allow a day care center to be operated in the downstairs unit of this R-4 zoned, two-story duplex. 0 SITE LOCATION- The property is located at the northwest corner of West 21 st Street and S. Ringo Street. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an R-4 zoned neighborhood, which is populated, primarily by single family and two-family residences. The homes range in condition from very good to vacant and boarded. The applicant's frame residence is typical of the homes in the area. Other uses in the broader area include a school on an 0-3 zoned tract near Pulaski and Bussey, a closed non -conforming grocery store at the same intersection and a residence on a C-3 zoned tract at Cross and Bussey. The application is for a day care center, not a day care family home. Staff believes the proposed use is not appropriate for this area and would be better located at the edge of the neighborhood, on an arterial or collector street. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Wright Avenue, Central High and Downtown Neighborhood Associations were notified about this issue. 3. ON SITE DRIVES AND PARKING: A day care center with an enrollment of 10 children with 3 employees requires 4 on -site parking spaces. One space is required per employee and one drop-off space is required for every 10 children. The site has one, residential -type parking space located on the 215t Street side of the property. No additional parking is proposed. The existing parking space is better situated to serve the upstairs residential unit of the duplex. There is inadequate parking for the day care. January 8, 2009 ITEM NO.: 5 (Cont.) 4. SCREENING AND BUFFERS FILE NO.: Z-8362-A Site Plan must comply with the City's landscape and buffer ordinance requirements. A landscaped buffer will be required along the northern and western perimeters of the site next to the residentially zoned properties. A six-foot high opaque fence, good face side out will also required or approved evergreen vegetation. Landscaping will also be required in conjunction with any/all new parking areas. Street trees are recommended. 5. PUBLIC WORKS COMMENTS: 1. A twenty (20) foot radial dedication of right-of-way is required at the intersection of Ringo Street and West 21 st Street. 6. UTILITY, FIRE DEPT. AND CATA COMMENT Wastewater: Sewer is available to this property. 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. Fire Department: Fire hydrant may be required. County Planning: No comment required. CATA: The site is not located on a CATA bus route. A route is located one block to the north, on Bussey Avenue. SUBDIVISION COMMITTEE COMMENT: (JULY 31, 2008) The applicant's daughter, Kimberly Blanton, was present. Ms. Blanton is identified as the director of the day care. Staff presented the item and noted little 2 January 8, 2009 ITEM NO.: 5 (Con FILE NO.: Z-8362-A additional information was needed. In response to questions from staff, the applicant stated there would be no signage and the maximum enrollment would be 10 children. Staff noted use of the playground should be limited to daylight hours and Fire Marshall approved would be required. Ms. Blanton stated she had received approval from the Fire Marshall's office. Public Works and Landscape Comments were noted. Staff noted the lack of on -site parking. Ms. Blanton stated most of the children came from homes located within walking distance. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The R-4 zoned property located at 1102 West 21 St Street is occupied by a two-story, frame, two-family residential structure. Due to the slope of the property, the structure has the appearance of a one-story structure from West 215f Street. The structure is a duplex with one upstairs and one downstairs unit. There is no connection between units. The entrance to the upper unit is on 215t Street. The lower unit's entrance is at the rear of the structure. The property owner, Wilma Robinson, occupies the upper unit. The lower unit has been converted into a day care center. The property owner is the applicant. Her daughter is director of the day care. There is one other employee. The day care center is proposed to have an enrollment of 10 children. Days and hours of operation are 6:00 a.m. — 9:00 p.m., Monday through Friday. The rear yard is enclosed with a 4-foot chain link fence, providing playground area. No signage is proposed. There is no parking for the day care. There is one parking space located on the 21 St Street frontage, where the entrance to the upstairs residence is located. The property is before the Commission in response to enforcement action. The applicant originally filed a S.U.P. application for a day care family home. Staff determined a S.U.P. was not appropriate since the entire downstairs unit of the duplex is used for the day care. Staff is not supportive of the proposed day care center. As opposed to a day care family home, where the principal use remains residential, this application proposes to utilize an entire unit of the duplex dwelling for the business. Staff believes day care centers are better located at the fringe of a neighborhood, on an arterial or collector street. Surrounding uses are all single family or two-family residential. Additionally, no on -site parking or drop-off area is available for the 3 January 8, 2009 ITEM NO.: 5 'Cont. FILE NO.: Z-8362-A day care. The bill of assurance for Wright's Addition does not address use issues. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (AUGUST 21, 2008) The applicant, Wilma Robinson, was present. There was one objector and one supporter present. Staff presented the item and a recommendation of denial. Ms. Robinson addressed the Commission and stated she was providing a service to low income families in the area. She stated there were parents in the neighborhood who did not want to leave their children with strangers at another day care center. She spoke of the benefits provided to children by her program. Ms. Robinson stated some families lived close enough to walk to the site and others could park in the parking space at the front of the house for drop off/pick up. Ms. Robinson stated there was also parking available on the street. Priscilla Robinson, of 2106 S. Ringo Street, spoke in support. She stated she had been a resident of the neighborhood for many years and she felt the day care had benefited the area. She stated parking was not a problem. Ruth Bell, of the League of Women Voters, addressed the Commission. She stated the League supported day care family homes in residential neighborhoods that complied with City and State regulations. Ms. Bell stated the League was not in support of this day care center that did not meet the City's guidelines for a day care family home. Commissioner Rector commented that the use did not meet the City's intent for day care family homes. Chairman Taylor asked if there were other day care centers or day care family homes in the area. Commissioner Nunnley responded that there were. A motion was made to approve the application subject to all staff comments and conditions, less the recommendation of denial. The motion failed with a vote of 0 ayes, 10 noes and 1 absent. 19 January 8, 2009 ITEM NO. 5 (Cont.) FILE NO.: Z-8362-A STAFF UPDATE: The applicants appealed the Planning Commission's action to the Board of Directors. At the October 21, 2008 Board meeting, the Board directed that the item be returned to the Planning Commission. The applicant contended, and some members of the Board agreed, that the proposed day care center was very similar to a day care family home. Staff was instructed to meet again with the applicants to assure that all pertinent information related to the operation was presented to the Commission. Staff subsequently met with the applicants and obtained a final, clear understanding of the proposed use. The property is owned by Lash and Wilma Robinson. The Robinsons occupy the upstairs unit of the two-story duplex. The State issued day care license is in the name of Mrs. Robinson and her daughter Kimberly Blanton. Mrs. Robinson is at the day care early in the morning and in the late afternoon. Ms. Blanton is present throughout the day. One additional helper is present when needed. The proposed day care will be limited to a maximum of 10 children, as with a day care family home. The applicants have amended the hours of operation to 6:30 a.m. to 6:30 p.m., Monday through Friday as is typical for a day care family home. A 6-foot tall wood privacy fence has been erected along the west and north perimeters of the rear yard. Fire Marshall and Central Arkansas Water approvals have been received by staff. Additional letters of support from area residents have been received. Although there is limited on -site parking, there is one space in front of the house. Additional parking can occur on Ringo Street, which is a slightly traveled neighborhood street. The applicant has stated most of the children come from the neighborhood and most are from within walking distance; lessening the need for parking. The applicants have agreed that any approval would be limited to their use and occupancy of the residence and would not be transferable in any manner. This is a somewhat unique situation in that the proposed use does not technically qualify to be a day care family home although the operation is very much like that use. Based on the circumstances of this unique case and the additional information provided by the applicants, staff is suppoilive of the requested C.U.P. REVISED STAFF RECOMMENDATION. Staff recommends approval of the requested C.U.P. as amended by the applicant subject to the following conditions: 1. The use is limited to ten children. 5 January8, 2009 ITEM NO.: 5 Cont. FILE NO.: Z-8362-A 2. The permit is not transferable in any manner. The permit cannot be transferred from owner to owner, location to location or use to use. 3. The residence at 1102 West 21't Street is to continue to be the residence of the license holder Wilma Robinson. 4. The day care is to be operated in compliance with all applicable state regulations. PLANNING COMMISSION ACTION: (JANUARY 8, 2009) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as 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 by a vote of 10 ayes, 0 noes and 1 absent. no SUBDIVISION COMMITTEE COMMENTS JULY 31, 2008 ITEM NO.: S. ROBINSON DAY CAR_ E CENTER CONDITIONAL USE PERMIT 1102 WEST 21s' STREET Z-8362-A Planning Staff Comments: 1. There is no Bill of Assurance issue. 2. Provide maximum enrollment numbers (10?). 3. A day care with ten (10) children and three (3) employees requires four (4) parking spaces. 4. Provide signage plan, if any signs are proposed. 5. Use of the playground should be limited to daylight hours only. 6. Fire Marshall's approval is required. Variance/Waivers: • Parking variance. Public Works: 1. A twenty (20) foot radial dedication of right-of-way is required at the intersection of Ringo Street and W. 21" Street. Utilities and Fire De artment/Count Planning: Wastewater: Sewer available to this property. 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. Fire Department: Fire hydrant may be required. County Planning: No comment received. CATA: This site is not located on a CATA bus route. A route is located one block to the north, on Bussey Avenue. Planning Division: No Comments. Landscape: Site Plan must comply with the City's minimal landscape and buffer ordinance requirements. Landscaping will be required along the northern and western perimeters of the site next to the residentially zoned properties. A six foot high opaque fence, good face side out will also required or approved evergreen vegetation. Landscaping will also be required in conjunction with any/all new parking areas. Street trees are recommended. Other: Submit responses to staff comments and four (4) copies of revised site plan no later than Wednesday August 6, 2008. Required notices must be sent by August 6, 2008 and proof of notice returned to staff by August 15, 2008.