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HomeMy WebLinkAboutZ-8485 Staff AnalysisAugust 6, 2009 ITEM NO.: 12 FILE NO.: Z-8485 NAME: Heights Real Estate Company Day Care Center Playground — Conditional Use Permit LOCATION: West of 8218 Cantrell Road OWNER/APPLICANT: Heights Real Estate Company/Lewis Bunch PROPOSAL: A conditional use permit is requested to allow a day care playground to be located on this R-2 zoned lot to serve a day care center located in the building on the C-3 zoned property adjacent to the east. SITE LOCATION: The lot is located on the north side of Cantrell Road, west of 8218 Cantrell Road. 2, COMPATIBILITY WITH NEIGHBORHOOD: The proposed playground is to occupy only small portion of the vacant, .53 acre lot. The playground will be adjacent to the commercial shopping center, which is located east of the lot. Single family homes on large lots extend to the west. Vacant, R-2 zoned property is adjacent to the north. The properties to the west and north are also owned by this applicant. A large POD zoned office building and a C-3 zoned shopping center are located across Cantrell Road. Allowing the use of a small portion of this lot for a playground would not appear to have any impact on other properties in the area. All owners of properties located within 200 feet of the site, all residents within 300 feet were notified of this request. There is no active neighborhood association in the vicinity of this site. 3. ON SITE DRIVES AND PARKING: No new parking or drives are proposed. The day care is to be located in a lease space within the commercial building located adjacent to this playground site. The commercial shopping center has parking located both in front of and behind the building. 4. SCREENING AND BUFFERS: No Comments. August 6, 2009 ITEM NO.: 12 5. PUBLIC WORKS COMMENTS: No Comments. 6, UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comment received. CenterPoint Energy: No comment received. AT&T (SBC): No comment received. FILE NO.: Z-8485 Water: Contact Central Arkansas Water if additional water service is needed. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (JULY 16, 2009) The applicant was present. Staff presented the item and noted additional information was needed regarding days and hours of use of the playground. Staff requested details on the type and height of fence materials. The applicant was advised to provide a copy of the bill of assurance. There were no additional comments to discuss. The applicant was advised to respond to staff comments by Wednesday July 22, 2009. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Heights Real Estate Company is requesting approval of a conditional use permit to allow for construction of a day care center playground on this R-2 zoned, .53 acre tract. The playground is to serve a day care center which will be located in a lower level, backside lease space in the adjacent shopping center. A fenced walkway will lead from the day care to the playground. The playground will be enclosed within a 40' X 50' area located on the lower east side of this lot. The property is currently vacant. 2 August 6, 2009 ITEM NO.: 12 (Cont.) FILE NO.: Z-8485 No vehicle access is proposed to the lot. Parking will take place on the commercial lot adjacent to the east. The subject lot, the shopping center, the three residential lots extending to the west and the vacant property to the north are all owned by the applicant. The proposed playground has minimum visibility from Cantrell Road due to a drop in elevation of approximately 28 feet. A wooded ravine is adjacent to the north. The hours of operation for the day care center are Monday through Saturday, 6:00 a.m. to 8:00 p.m. Use of the playground will be limited to daylight hours. The playground will be enclosed by a 4-foot tall chain link fence. The 1925 bill of assurance for Hyland Homes Subdivision does not address use issues. To staff's knowledge, there are no outstanding issues. Staff supports the proposed C.U.P. for the day care playground. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. as proposed. PLANNING COMMISSION ACTION: (AUGUST 6, 2009) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions 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. The vote was 10 ayes, 0 noes and 1 absent. 3 SUBDIVISION COMMITTEE COMMENTS JULY 16, 2009 ITEM NO.: 12. HEIGHTS REAL ESTATE COMPANY DAY CARE CENTER PLAYGROUND CONDITIONAL USE PERMIT — W. OF 8218 CANTRELL ROAD Z-8485 Planning Staff Comments: 1. Provide days and hours of operation of day care and use of playground. Use of playground should be limited to day light hours. 2. Provide details on type and height of fence. 3. Provide Bill of Assurance for Hyland Homes Subdivision. Variance/Waivers: • None requested. Public Works: 1. No Comments. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this project. Entergy: No comment received. Center -point Energy: No comment received. AT&T (SBC): No comment received. Water: Contact Central Arkansas Water if additional water service is needed. Fire Department: No comment received. County Planning: No Comments. CATA: This site is not located on a CATA bus route. Planning Division: No Comments. Landscape: No Comments. Other: Submit responses to staff issues and four (4) copies of revised plan not later than Wednesday July 22, 2009. Required notices must be sent via certified mail no later than July 22, 2009 and proof of notice returned to staff by July 31, 2009.