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.
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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.