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HomeMy WebLinkAboutZ-8420 Staff AnalysisSUBDIVISION COMMITTEE COMMENTS DECEMBER 4, 2008 ITEM NO.: 4. LOVE N CARE DAY CARE CENTER CONDITIONAL USE PERMIT 4110 E. 37" STREET COLLEGE STATION Z -8420 1� �� tJ Planniniz Staff Comments; / C Lc { r(o✓�c , 1. Provid copy of Bill of Assurance for College Park Subdivision. Available at County Clerks office. 2. Provide information on building design; materials, height, roof pitch and materials. r 3. Show all proposed fencing on site plan. — � k [ ate: 4. Show proposed site lighting; should be shielded downward and into the site. -h +�� ] �� �a a 41- I V, 5. Indicate dumpster/trash collection area and required screening, Y 6. Indicate days of operation; hours are indicated as 5:00 a.m. -11:30 p.m. t 7. Day care is proposed to have enrollment of sixty-two (62) children with eight (8) employees, requiring fourteen (14) on -site parking spaces. Only eleven (11) spaces are indicated. Request a parking variance and provide justification. 8. Proof was provided of the abandonment of Riffel Avenue adjacent to Lot 12. Provide proof of abandonment of Riffel adjacent to Lot I and of alley between Lots 1 & 12. t "9. Indicate all vehicular use areas as being paved. �N 10. Staff recommends signage be as allowed in office and institutional zones. Variance/Waivers: �• I j� • None requested. , 2 Public Works: 1 / 1. From the information provided, it appears the Riffel Street right-of-way is closed adjacent to Lot 12 and Lot 7. No information has been provided that the right-of-way adjacent to Lot 1 and Lot 6 and the alley have been closed. 2. If the Riffel Street right-of-way is closed, Lot 1 would only be entitled to the western twenty (20) feet of the right-of-way. The proposed structure extends easterly beyond the western twenty (20) feet of the right- of-way adjacent to Lot 1. 3. Due to the proposed use of the property, the Master Street Plan specifies that E. 37 h Street for the frontage of this property must meet commercial street standards. Dedicate right -of --way to thirty (30) feet from centerline. At the time of site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvements to E. 37°' Street including 5-foot sidewalks with planned development. The proposed back of curb should be constructed 15.5 feet from centerline. ' 0 5. Due to the proposed use of the property, the Master Street Plan specifies that E. 36`h Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline. bra At the time of site development, provide design of street conforming to the Master Street Plan. Construct N�- one-half street improvement to E. 36`h Street including 5-foot sidewalks with planned development. The new back of curb should be located 15.5 feet from centerline. At the time of site development, staff recommends the improvements to E. 36`h Street be deferred for five (5) years or until adjacent development of the street occurs whichever occurs first. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. ITEM NO.: 4. LOVE N CARE DAY CARE CENTER CONDITIONAL USE PERMIT 4110 E. 37`a STREET (COLLEGE STATION) (Z -8420) AT&T (SBC): No comments received. Water: Contact Central Arkansas Water regarding restoration of water service to this site. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire protection facilities will be required. If additional fire facilities are required, they will be installed at the Developer's expense. A water main extension may be required. Fire Department: Approved as submitted. May require fire sprinklers and fire hydrant. County Planning: No comments received. ►' CATA: The site is not located on a CATA bus route. Planning Division: No Comments. TTii Landes Site plan must comply with the City's minimal landscape and buffer ordinance requirements. Additional landscaping will be required in conjunction with any new parking areas located on the site. A nine foot wide (9') land use buffer is required around the property. Seventy percent (70%) of this area is to remain undisturbed. If the area has already been graded or doesn't have existing on site trees around the sites perimeter then they must be planted in conjunction with this application. A six foot high (6') opaque wooden fence is required along the property lines and to be erected good face side towards the neighbor. Other: Submit responses to staff issues and four (4) copies of revised site plan no later than Wednesday October 29, 2008. Required notices must be sent by December 24, 2008 and proof of notice returned to staff by January 2, 2009. January 8, 2009 fi�3i AR -ROM! NAME. n ATION- OWNERIAPPLICANT FILE NO.: Z-8420 Love N Care Day Care Center — Conditional Use Permit 4110 East 37" Street (College Station) James Washington PROPOSAL. A conditional use permit is requested to allow for construction of a new building to accommodate expansion of the existing day care center on this R-3 zoned property. 1. SITE LOCATION: The site is located on the north side of East 37th Street, one block west of Bankhead Drive, in the College Station community. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located outside of the city limits, within the City's zoning jurisdiction. The property is located in the area impacted by the 1997 tornado and many of the properties in the immediate vicinity remain vacant. The existing day care center and the applicant's home are adjacent to the east. Undeveloped, wooded property is adjacent to the north and to the east of the existing day care. The building slab and parking lot remain from the former site of the county health department, which was located at 37th and Bankhead. Two single-family residences and a 4-unit apartment building are located to the south. The site is located just off Bankhead, a collector street, in an area that is in need of reinvestment. Staff believes the use is compatible with the neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the College Station Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING. The new building is to accommodate 62 children with 8 employees, requiring 14 parking spaces. The applicant proposes a single driveway off of East 37th Street and an 11-space parking lot. Additional parking is available and being used at the existing day care to the east. The January 8, 2009 ITEM NO.: 4-(Cont.) FILE NO.: Z-8420 applicant has also stated that 85% of the children attending the day care are transported by day care vans, reducing the need for on -site parking spaces. Staff supports the proposed reduction of three (3) spaces in on -site parking. 4. SCREENING AND BUFFER Site plan must comply with the City's landscape and buffer ordinance requirements. Additional landscaping will be required in conjunction with any new parking areas located on the site. A nine -foot wide (9') land use buffer is required around the property where adjacent to residentially zoned properties. Seventy percent (70%) of this area is to remain undisturbed. If the area has already been graded or doesn't have existing on site trees around the sites perimeter then they must be planted in conjunction with this application. A six foot high (6') opaque wooden fence is required along the property lines where adjacent to residentially zoned properties and to be erected good face side towards the neighbor. 5. PUBLIC WORKS COMMENTS: 1. From the information provided, it appears the Riffel Street right-of-way is closed adjacent to Lot 12 and Lot 7. No information has been provided that the right-of-way to Lot 1 and Lot 6 and the alley have been closed. 2. If the Riffel Street right-of-way is closed, Lot 1 would only be entitled to the western twenty (20) feet of the right-of-way. The proposed structure extends easterly beyond the western twenty (20) feet of the right-of-way adjacent to Lot 1. 3. Due to the proposed use of the property, the Master Street Plan specifies that East 37th Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline. 4. Due to the proposed use of the property, the Master Street Plan specifies that East 36th Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline or close East 36th Street. 2 January 8, 2009 ITEM NO.: 4 (Cont.) UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: Approved as submitted. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. FILE NO.: Z-8420 Water: Contact Central Arkansas Water regarding restoration of water service to this site. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire protection facilities will be required. If additional fire facilities are required, they will be installed at the Developer's expense. A water main extension may be required. Fire Department: Approved as submitted. May require fire sprinklers and fire hydrant. Provide statement of approval and any requirements from local Volunteer Fire Department prior to construction. County Planning: No comments received. CATA: This site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 4, 2008) The applicant was present. Staff presented the item and noted additional information was needed regarding building design, fencing, signage, site lighting, dumpster location and days of operation. The applicant was asked to provide a copy of the Subdivision's bill of assurance. Staff noted the reduced number of parking spaces. The applicant responded that up to 85% of the children enrolled at the center were transported by day care vans and additional parking was available at the existing day care site adjacent to the east. Public Works and Landscape Comments were discussed. It was noted that the applicant had provided proof that the southern portion of Riffel Street had been abandoned by the County. Staff asked the applicant to provide proof that the alley and the north portion of Riffel had been abandoned. The applicant was advised to meet with the staff at Pulaski County Planning. 3 January 8, 2009 ITEM NO.: 4 (Cont. FILE NO.: Z-8420 The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: Love N Care Day Care Center is currently located on the R-3 zoned property at 4118 East 37th Street, in College Station. The property also contains a single family residence which is occupied by the owner of the day care center, James Washington. The existing day care is a nonconforming use. The property is located outside of the Little Rock city limits but within the City's zoning jurisdiction. The College Station area was zoned following the 1997 tornado in conjunction with the City extending sewer service to the area. This site lies in the area impacted by the tornado. Many of the properties in the immediate area are vacant and some still show the results of the tornado's passage. The applicant is requesting approval of a C.U.P. to allow construction of a new building to accommodate an expansion of the day care center. The existing day care has an enrollment of 48 children. The proposed new building will accommodate an additional 62 children and 8 employees. The building will be one-story in height and likely will be constructed of metal. The building will contain a kitchen and a large, open play area in addition to possible office and classroom space. The applicant envisions using the new building to house infants and toddlers and to provide room for before and after school care for children ages 7 to 13. Days and hours of operation are proposed as 5:00 a.m. to 11:30 p.m., Monday through Friday with the possibility of expanding to Saturday and Sunday hours if the demand should rise. In conjunction with the new building, a new, paved and landscaped 11-space parking lot will be built on the site. The entirety of the site will be enclosed with a 4-foot tall chain -link fence. No new dumpster is proposed. Trash collection will continue to occur at the existing day care site to the east. Some new lighting will be installed at the entrance and over the new parking lot. A signage plan was not submitted. Staff recommends that signage be limited to that allowed in office and institutional districts. No new playground is proposed'. The day care's existing playground will continue to be utilized and the new building will contain a large, open play area. If an additional playground is built behind the new building. Staff recommends that a 6-foot tall, opaque wood fence be installed around the playground area where the site is adjacent to other properties. The applicant has provided proof that the southern portion of the Riffel Street right-of-way has been abandoned. He has contacted the County about beginning the process of having the northern portion of Riffel, the alley and a portion of East 361h Street abandoned. Staff is comfortable with allowing the 5l January 8, 2009 ITEM NO.: 4 (Cont.� FILE NO.: Z-8420 application to proceed through the Planning Commission subject to those rights - of -way being abandoned by the County prior to construction of the building. To accommodate the fact that the applicant will gain only the west half of Riffel Street, if the northern portion of the street is abandoned, the plan has been modified to move the building slightly to the west. This has resulted in a 3-foot side yard setback on the west. The property is zoned R-3 which typically requires a 5-foot side yard. Staff is supportive of this relatively minor setback variance. Staff is supportive of the proposed C.U.P. Staff believes the use is compatible with the neighborhood. This area is in need of reinvestment and the proposed new day care building could be a positive step toward redevelopment in the area. The 1908 bill of assurance for College Park does not address use issues. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the comments and conditions in Section 4, 5 and 6 of the agenda staff report. 2. Any new site lighting is to be shielded downward and aimed into the site so as not to spill onto adjacent properties. 3. Signage is to be limited to that allowed in office and institutional zones. 4. Any new playground is to be screened from adjacent properties with a 6-foot tall, opaque, wood fence built with the finished side facing outward. 5. The building may not be built until the applicant presents proof that the rights - of -way for the remainder of Riffel Street, the alley and East 36th Street have been abandoned. Staff recommends approval of the variances to allow the reduced building setback of 3 feet on the west side and a reduction in the number of on -site parking spaces from 14 to 11. PLANNING COMMISSION ACTION: (JANUARY 8, 2009) The applicant was present. There was one interested part present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. The applicant stated he would reserve his time to respond to issues raised by the other parties. 5 January 8, 2009 ITEM NO.: 4 (Cont.) FILE NO.: Z-8420 Alvin William, of 6 Ben Crenshaw Cove, stated he owned property in the area and had received notice of the hearing. He stated he wanted to know if any change was being proposed for his property. Chairman Taylor responded that there was not. Mr. Williams responded he had no problem with the application. A motion was made to approve the application subject to all staff recommendations and conditions. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. on