HomeMy WebLinkAboutZ-8420-A Staff AnalysisJanuary 6, 2011
ITEM NO.: A FILE NO.: Z-8420-A
NAME: Love N Care Day Care Center — Conditional
Use Permit
LOCATION: 4110 East 37t" Street (College Station)
OWNER/APPLICANT: James Washington
PROPOSAL: A revision to the previously approved Conditional Use
Permit for the day care center is requested as a result
of the site not being developed as per the approved
site plan.
SITE LOCATION:
The site is located on the north side of East 37t" 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 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 was approved to accommodate 62 children with 8
employees, requiring 14 parking spaces. The plan approved by the
Commission on Janua,� 8, 2009 showed the construction of a new
driveway off of East 37t Street and an 11 space parking lot to be located
between the building and the street. Additional parking is available and
being used at the other part of the applicant's day care, located adjacent
to the east.
January 6, 2011
ITEM NO.: A (Cont.) FILE NO.: Z-8420-A
Under the revision proposed of the applicant, an existing driveway off of
East 37th Street was used and parking has been located along the east
side of the new building. The new parking ties into the existing parking
and drive that serves the portion of the day care operation to the east. It
appears 11 spaces are still being provided.
4. SCREENING AND BUFFERS
Site plan must comply with the City's landscape and buffer ordinance
requirements.
The zoning street buffer requires a nine -foot (9') wide street buffer along
37th Street. This is measured after any right-of-way dedication. Removal
of asphalt/concrete may be required in conjunction with this application.
The Landscape Ordinance requires a nine -foot (9) wide perimeter
landscape strip around the site's entirety. This may require the removal of
asphalt/concrete in conjunction with this application. A variance must be
obtained from the City Beautiful Commission for any deviation from this
minimal City ordinance requirement.
The Landscape Ordinance requires that a minimum of eight percent (8%)
of the interior of the parking lot be green space. Currently, it appears this
minimal amount isn't being met. A variance from this minimal City
ordinance requirement must be obtained from the City Beautiful
Commission.
A small amount of building landscaping is required.
5. PUBLIC WORKS COMMENTS:
1. Due to the proposed use of the property, the Master Street Plan
specifies that 371h Street for the frontage of this property must meet
commercial street standards. A dedication of right-of-way from
centerline is required. Show or verify the centerline of the 371" Street
right-of-way.
6. UTILITY. FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: No comments received.
Centerpoint Energy: No comments received.
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January 6, 2011
ITEM NO.: A Cont. FILE NO.. Z-8420-A
AT&T (SBC): No comments received
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met.
The Little Rock Fire Department needs to evaluate this site to determine
whether additional public and/or private fire hydrant(s) will be required. If
additional fire hydrant(s) are required, they will be installed at the
Developer's expense.
Please submit plans for water facilities and/or fire protection to Central
Arkansas Water for review. Plan revisions may be required after
additional review. Contact Central Arkansas Water regarding procedures
for installation of water facilities and/or fire service. Approval of plans by
the Arkansas Department of Health Engineering Division and Little Rock
Fire Department is required.
Contact Central Arkansas Water regarding the size and location of the
water meter.
A Capital Investment Charge based on the size of meter connection(s) will
apply to this project in addition to normal charges. This fee will apply to all
connections including metered connections off the private fire system.
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZ) is required on the
domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water (CAW) required that upon
installation of the RPZA, successful test of the assembly must be
completed by a Certified Assembly Tester licensed by the State of
Arkansas and approved by Central Arkansas Water. The test results must
be sent CAW's Cross Connection Section within ten (10) days of
installation and annually thereafter. Contact the Cross Connection
Section at 377-1226 if you would like to discuss backflow prevention
requirements for this project.
Fire Department: Approved as submitted. Fire sprinklers and fire hydrant
may be required.
County Planning: No Comments.
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January 6, 2011
ITEM NO.: A (Cont.
SUBDIVISION COMMITTEE COMMENT
FILE NO.: Z-8420-A
(SEPTEMBER 16, 2010)
The applicant was present. Staff presented the item and noted the applicant
needed to indicate the playground area, fencing and landscape areas on the site
plan. When questioned about the ramp that had been installed at the front of the
building, Mr. Washington responded that he had been told by the LRFD Fire
Marshall that he needed to provide the additional exit and ramp to satisfy fire
codes.
Public Works, Utility and Landscape Comments were noted. The applicant was
advised to have his surveyor indicate the street right-of-way and centerline on the
survey so that it could be determined if right-of-way dedication was required.
The applicant was advised to respond to staff issues by September 22, 2010.
The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
On January 8, 2009, the Commission approved a C.U.P. to allow for construction
of a new building to accommodate expansion of the existing day care center on
this R-3 zoned property. The approval included the construction of a 9,785
square foot building and an 11-space parking lot to be located between the
building and the street. The applicant already operated a day care center on the
property adjacent to the east with a capacity of 48 children. The new building
accommodates an additional 62 children and 8 employees. Day and hours of
operation were approved as 5:00 a.m. to 11:30 p.m., Monday through Friday with
the possibility of expanding to Saturday and Sunday if the demand should arise.
The property is located outside of the city limits but within the City's zoning
jurisdiction. Since the property is outside the city limits, no building permit was
required.
The building was subsequently constructed different from the approved plan.
The building as constructed contains 7,150 square feet and parking has been
located on the east side of the building. The previously approved plan had the
building with a front yard setback of 74± feet to accommodate the parking lot.
The building has actually been constructed with a setback of 25 feet with a porch
and ramp extending into the setback. The other building setbacks meet or
exceed those approved in 2009. Additionally, the required right-of-way was not
dedicated. An additional 10 feet of right-of-way is needed which will result in a
building setback of 15 feet. A ramp which has been installed at the southwest
face of the building would actually be located in the right-of-way.
No changes in any of the other previously approved aspects of the day care
center are proposed.
!v'
January 6, 2011
ITEM NO.: A Cont.) FILE NO.: Z-8420-A
Although it is unfortunate that the applicant chose not to follow the approved
plan, none of the changes are "fatal" in nature. The parking as constructed
provides the same number of spaces as was previously approved. Some minor
changes will need to be made to the plan to provide the required landscape and
screening. The playground area behind the building will need to be enclosed by
a 6 foot wood privacy fence as was previously required. Right-of-way dedication
must be completed. The ramp on the front of the building must be redesigned so
that it will not be in the new right-of-way. Allowing the reduced setback, once
right-of-way is dedicated, should not have any real impact. The building will still
physically line-up with the couple of other buildings existing on the street.
If approved, staff will monitor the site to assure completion and compliance.
STAFF RECOMMENDATION:
Staff recommends approval of the revised CUP subject to compliance with the
following conditions:
1. Compliance with the conditions outlined in Section 6 in the previous C.U.P.
approval dated January 8, 2009 (Z-8420).
2. Right-of-way is to be dedicated to 30 feet from centerline of East 37t" Street
(an additional 10 ft. of right-of-way).
3. The ramp on the southwest corner of the front of the building is to be removed
and redesigned so that it does not extend into the new right-of-way.
4. The playground area is to be enclosed by a 6 ft. tall wood privacy fence.
5. The parking located on the north side of the site, east of the building is to be
redesigned to provide the required 6.75 feet of landscape area.
Staff recommends approval of the reduced front yard setback, once right-of-way
is dedicated.
PLANNING COMMISSION ACTION: (OCTOBER 7, 2010)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had failed to send the required notices. Staff
recommended deferral of the item to the November 18, 2010 meeting. There was
no further discussion. The item was placed on the consent agenda and approved
for deferral by a vote of 11 ayes, 0 noes and 0 absent.
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January 6, 2011
ITEM NO.: A (Cont.
PLANNING COMMISSION ACTION:
FILE NO.: Z-8420-A
(NOVEMBER 18, 2010)
The applicant was not present. There were no objectors present. Staff informed
the commission that the applicant had failed to send the required notices. Staff
recommended deferral of the item to the January 6, 2011 meeting. There was no
further discussion. The item was placed on the consent agenda and approved
for deferral by a vote of 8 ayes, 0 noes, 1 absent and 2 open positions.
PLANNING COMMISSION ACTION:
(JANUARY 6, 2011)
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 8 ayes, 0 noes,
1 absent and 2 open positions.
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