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HomeMy WebLinkAboutZ-9238 Staff AnalysisAugust 3, 2017 ITEM NO.: 7 FILE NO.: Z-923 NAME: Pettigrew Day Care Center β€” Conditional Use Permit LOCATION: 3101 Asher Avenue OWNER/AP P L [CANT: Yousef Quattom/Anthony Pettigrew PROPOSAL: A conditional use permit is requested to allow a day care center to be located in the existing building on this R-2 zoned lot. SITE LOCATION: The property is located on the southwest corner of Asher Avenue and Johnson Street, across from Calvary Cemetery. 2. COMPATIBILITY WITH NEIGHBORHOOD. The property is located in an area of mixed residential and commercial uses. The building was for many years occupied as a neighborhood grocery store. Other uses in the immediate area include Calvary and Roselawn Cemeteries, located to the north and east of the site. Allowing a day care to occupy this R-2 zoned commercial building and site is an appropriate use that is compatible with the neighborhood. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Goodwill and Love Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: The day care is proposed to have an enrollment of 45 children with 3 staff persons on duty at any one time. The parking requirement is 7 parking spaces. The property has access from both Asher Avenue and Johnson Street. The property contains a nonconforming gravel parking lot with sufficient room for the required 7 spaces and for drop-off/pickup area. Staff believes it is now appropriate to upgrade the parking lot to meet current paving and landscaping standards. Staff will support an 18 month deferral of those requirements. 4. SCREENING AND BUFFERS: Site plan must comply with the City's minimal landscape and buffer ordinance requirements. August 3, 2017 ITEM NO.. 7 (Cont.) FILE NO.: Z-9238 Any new site development shall adhere to the current landscape code. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS: 1. The City of Little Rock recently purchased right-of-way on Asher Ave to sufficiently address the Master Street Plan standard. No additional right-of-way is required to be provided. The property survey should be updated to show the purchase. 2. A 20 feet radial dedication of right-of-way is required at the intersection of Asher Ave and Johnson St. 3. Due to the proposed use of the property, the Master Street Plan specifies that Johnson Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline starting on the south side of the existing building to the south property line. 6. UTILITY. FIRE DEPT. AN❑ CATA COMMENTS: Little Rock Water Reclamation Authority: Sewer available to this site. Entergy: Entergy does not object to this proposal. There are a couple street light poles in the vicinity of the proposed fenced, playground area. They should not create any conflicts with the proposed use. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. Centerpoint Energy: No comments received. AT&T- No comments received. Central Arkansas Water: No objection Fire Department: Full plans review Building Codes: Project is a change in occupancy and is therefore subject to current building code requirements. Review and approval is required by Building Codes Division before occupancy takes place. For information on submittal 2 August 3, 2017 ITEM NO.: 7 (Cont.) FILE NO.: Z-9238 requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey4littlerock.org or Mark Alderfer at 501.371.4875; malderfer littlerock.or . County Planning: No comments. Rock Region METRO: a) Location is served nearby on route 16 UALR. We have no objection to the conditional use of a daycare center at this location. SUBDIVISION COMMITTEE COMMENT: (JULY 12, 2017) The applicant was present. Staff presented the item and noted the need for additional information. Staff requested the maximum enrollment, number of employees, days and hours of operation and a signage plan. Staff asked what portion of the building would be occupied by the day care and what use would occupy the remainder of the building. Staff requested that any proposed dumpster and required screening be indicated on the site plan. Staff stated a properly paved and landscaped parking lot was required. It was discussed that a reasonable deferral of the paving requirement could be requested since there was an area of gravel parking on the property. Public Works and other agency comments were noted. Staff explained the right- of-way dedication requirement. The Committee instructed the applicant to provide responses to staff issues by July 19. The item was forwarded to the full Commission. STAFF ANALYSIS: The "R-2" zoned property located at 3101 Asher Avenue is occupied by a 3,030 square foot frame structure. The two-story portion of the structure contains 2,240 square feet (1,120 per floor) and was constructed in 1925. In 1950, a 789 square foot "lean-to" addition was added to the building. The structure may have been constructed as a neighborhood grocery with living space above. In any case, the building had a long history of commercial use, including retail sales and a grocery. It has been vacant for some time now. W August 3, 2017 ITEM NO.: 7 (Cont.) FILE NO.: Z-9238 The applicant is requesting approval of a conditional use permit to allow a day care center to be located on the first floor of the building. The second floor will only be used for storage space. The day care is proposed to have a maximum enrollment of 45 children with 3 employees on site at any one time. Proposed days and hours of operation are Monday through Saturday, 6:00 a.m. β€” 11:00 p.m. A fenced playground area is proposed adjacent to the back (south) side of the building. No dumpster is proposed. The site contains a nonconforming gravel parking lot with driveway access off of Asher Avenue and Johnson Street. Staff believes it is now appropriate to bring that parking lot into conformance with city code regarding paving, landscaping and parking lot design. Staff is supportive of an 18 month deferral of those requirements. To staff's knowledge there are no outstanding issues. The building has a history of use as non-residential. The land use plan for this properties and others along Asher to the west is MX which would support rezoning to allow office/commercial uses. The 1913 plat/bill of assurance for William Gallagher Addition does not address use issues. 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 with all applicable Building Code and Fire Department requirements for use of the building for a day care center. 3. Signage is to comply with that allowed in the office and institutional zones and sign permits must be obtained before any signage is place on the site or building. Staff recommends approval of an 18 month deferral of the requirement to install a paved and landscaped parking lot to comply with code standards. PLANNING COMMISSION ACTION: (AUGUST 3, 2017) 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. Staff also recommended approval of an 18 month deferral of the requirement to install a paved and landscaped parking lot to comply 0 August 3, 2017 ITEM NO.: 7 FILE NO.: Z-9238 with code standards. There was no further discussion. The item was placed on the consent agenda and approved, including the paving and landscaping deferral, by a vote of 9 ayes, 0 noes and 2 absent. 5 SUBDIVISION COMMITTEE COMMENTS JULY 12, 2017 ITEM NO.: 7. PETTIGREW DAYCARE CENTER CONDITIONAL USE PERMIT 3101 ASHER AVE Z-923$ Planning Staff Comments: 1. The 1913 plat/bill of assurance for William Gallagher Addition does not address use issues. 2. Provide maximum enrollment. 3. Provide number of employees. 4. Provide days and hours of operation. 5. Provide signage plan 6. Locate playground area on site plan. 7. Locate and describe any proposed fencing 8. What portion of the building will be occupied by the daycare? What use will occupy the remainder of the building 9. A paved and landscaped parking lot must be constructed to comply with City Code. Show the location and design of the parking lot. 10. Will there be dumpster service? If so, indicate the dumpster location and required screening to comply with Code. Variance/Waivers: β€’ None requested Public Works: 1. The City of Little Rock recently purchase right-of-way on Asher Ave to sufficiently address the Master Street Plan standard. No additional right-of-way is required to be provided. The property survey should be updated to show the purchase. 2. A 20 feet radial dedication of right-of-way is required at the intersection of Asher Ave and Johnson St. 3. Due to the proposed use of the property, the Master Street Plan specifies that Johnson Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline starting on the south side of the existing building to the south property line. Utilities and Fire Department/County Planning Little Rock Water Reclamation Authority: Sewer available to this site. Entergy: Entergy does not object to this proposal. There are a couple street light poles in the vicinity of the proposed fenced, playground area. They should not create any conflicts with the proposed use. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. ITEM NO.: 7. CON' T Z-923 8 Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: No objection Fire Department: Full plans review Building Codes: Project is a change in occupancy and is therefore subject to current building code requirements. Review and approval is required by Building Codes Division before occupancy takes place. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; criche littlerock.org or Mark Alderfer at 501.371.4875; malderfer littlerock.or . County Planning: No comments. Rock Region METRO: a) Location is served nearby on route 16 UALR. We have no objection to the conditional use of a daycare center at this location. Planning Division: No comments. Landscape: Site plan must comply with the City's minimal landscape and buffer ordinance requirements. Any new site development shall adhere to the current landscape code. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. Other: Submit responses to staff issues and four (4) copies of a revised site plan (if required) no later than Wednesday, July 19, 2017. Required notices are to be sent via certified mail to all owners of properties located within two hundred (200) feel of the site no later than Wednesday July 19, 2017. The City provided notice form must be used. Proof of notices is to be provided to staff no later than July 28