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HomeMy WebLinkAboutZ-8579 Staff AnalysisAugust 26, 2010 ITEM NO.: 8 FILE NO.: Z-8579 NAME: Deloney Day Care Center —Conditional Use Permit LOCATION: 8001 Mabelvale Cut -Off OWNER/APPLICANT: Ronnie and Rita Deloney PROPOSAL: A conditional use permit is requested to allow for use of this existing residential structure as a day care center for up to 20 children. The property is zoned R-2. 1. SITE LOCATION: The property is located on the south side of Mabelvale Cut -Off, between Chicot Road and Legion Hut Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed uses and zoning. The PCD zoned property adjacent to the west is occupied by an automobile repair business. Service Master Cleaning Company is adjacent to the east. A nonconforming contractor's yard is located across the street to the north. An adult day care center (also owned by the applicant) is located to the south. Most all other properties in the area are occupied by a variety of residential uses. The property is located on an arterial street. The City's Land Use Plan recommends Mixed Use for the area, supporting nonresidential uses. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the SWLR United for Progress, Chicot, Rob Roy Way, West Baseline and Legion Hut Neighborhood Associations were notified of this request. SWLR United for Progress voted to not oppose this application. 3. ON SITE DRIVES AND PARKING: The day care center will have a maximum enrollment of 20 children with 3 employees, requiring 5 parking spaces. The site contains a typical, 2-car wide driveway and carport. Additionally, a gravel driveway west of the house provides access to the property directly behind this site. That rear property contains a commercial building which mouses an adult day care center. There is sufficient parking on this rear property to meet the needs of both the adult day care and proposed children's day care. Both properties are owned by this applicant. The driveway will be widened August 26, 2010 M NO.: 8 (Cont. FILE NO.: Z-8579 slightly adjacent to the house to provide an appropriate drop-off/pick-up area. 4. SCREENING AND SUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: 1. Due to the amount of traffic on Mabelvale Cut-off Road, backing a vehicle onto Mabelvale Cut-off Road from this property is considered unsafe. The proposed 10 x 10 foot vehicle turn around pad is insufficient and does not provide for adequate vehicle maneuvering. The driveway should be extended to the gravel road on the west to provide access to Mabelvale Cut-off Road. 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. Water: NO OBJECTION. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. Fire Department: Approved as submitted. Fire sprinklers may be required. County Planning: No Comments. CATA: The site is located on a CATA bus route. 4 August 26, 2010 ITEM NO.: 8 (Cont.) FILE NO.: Z-85 SUBDIVISION COMMITTEE COMMENT: (AUGUST 5, 2010) The applicants were present. Staff presented the application and noted little additional information was needed. Staff suggested using the existing gravel driveway that provides access to the rear of the property. Staff recommended widening the driveway to provide a drop-off/pick-up space next to the building. The applicants agreed to that proposal. During the discussion, the applicants stated one sign would be placed on the property to accommodate both the adult and children's day cares. The sign will not exceed 6 feet in height and 16 square feet in area. With the applicants accepting staffs suggestion regarding the parking and drop- off, Public Works staff stated they were satisfied. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned property located at 8001 Mabelvale Cut -Off is occupied by a one-story, brick and frame, single-family residential structure. The property has a 2-car wide driveway accessing a double carport. The applicants are requesting approval of a conditional use permit to allow the house to be used as a day care center with a maximum enrollment of 20 children. The childcare center will have 2 full-time and 1 part-time employees. Days and hours of operation are. Monday through Friday, 6:00 a.m. — 6:00 p.m. The existing, fenced rear yard vJll be used for playground area. The property is located on an arterial street in an area of mixed zoning and uses. The applicants also operate an existing adult day care center in a commercial building located on the lot directly behind this property. Access to the adult day care center is via a gravel driveway off of Mabelvale Cut -Off that runs just west of and adjacent to this property. Parking for the childcare center will take place on the existing parking lot adjacent to the adult day care building. The driveway will be widened slightly to provide a drop-off/pick-up area adjacent to the childcare center. Signage will consist of a single ground -mounted sign that will serve both day cares. The sign will have a maximum area of 16 square feet (4' X 4') and a maximum height of 6 feet. The bill of assurance for the two lot Perry Acres Subdivision may still be active and includes the following statement: "No lot shall be used except for residential purposes." K3 August 26, 2010 ITEM NO.: 8 (Cont. FILE NO.: Z-8579 However, Lot 2 was previously rezoned to PCD for an automobile repair business. To staff's knowledge there are no outstanding issues. The proposed childcare center appears to be an appropriate use for the site. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. Compliance will all applicable fire and building codes for the conversion of this residential structure into a childcare center. PLANNING COMMISSION ACTION: (AUGUST 26, 2010) The applicants were 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. The vote was 9 ayes, 0 noes, 1 absent and 1 open position. rd SUBDIVISION COMMITTEE COMMENTS AUGUST 5, 2010 ITEM NO.: 8. DELONEY DAY CARE CENTER CONDITIONAL USD PERMIT — 8001 MABELVALE CUT-OFF Z-8579 PIanning Staff Comments: 1. The Bill of Assurance for the two lot Perry Acres Subdivision may still be active and includes the following statement: "no lot shall be used except for residential purposes" However, Lot 2 was previously rezoned to PCD for an automobile repair business. 2. Provide signage plan (existing sign?) 3. Staff recommends continuing use of existing gravel driveway that provides access to rear of property. Drop-off and pick-up can occur in the existing parking lot or the driveway can be widened to provide a drop-off area next to the building. Variance/Waivers: • None requested. Public Works: Due to the amount of traffic on Mabelvale Cut-off Road, backing a vehicle onto Mabelvale Cut-off Road from this property is considered unsafe. The proposed 10 x 10 foot vehicle turn around pad is insufficient and does not provide for adequate vehicle maneuvering. The driveway should be extended to the gravel road on the west to provide access to Mabelvale Cut-off Road. Utilities and Fire Devartment/County Planning: Wastewater: Sewer available to this project. Entergy: No comment received. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: NO OBJECTION. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. Fire Department: Approved as submitted. Fire sprinklers may be required. County Planning: No Comments. CATA: The site is located on a CATA bus route. Manning Division: No Comments, Landscape: Site plan must comply with the City's minimal landscape and buffer ordinance requirements. The daycare proposal is located next to residentially zoned properties to both the southern and eastern perimeters of the site. The zoning buffer ordinance applies in these two areas; including saving trees, the erection of opaque wooden fencing, and/or additional landscaping as needed. ITEM NO.: 8. (CON'T) G-65 19 An upgrade may be required if the rehabilitation of the structure exceeds fifty percent (50%) of the current replacement cost. Any new parking areas must comply with the landscape ordinance; including the addition of landscaping per Chapter 15 of the City Ordinances. Street trees are both highly encourage and appreciated. Other: Submit responses to staff comments and four (4) copies of revised site plan, if required, not later than Wednesday August 11, 2010. Required notices must be sent via certified mail not later than Wednesday August 11, 2010 and proof of notification returned to staff by August 20, 2010.