DECEMBER 16, 2004

ITEM NO.:                              D                                                                         

FILE NO.:                               Z-7724

NAME:                                    Mae-Mae’s Homecare Day Care Center –
Conditional Use Permit

LOCATION:                           3500 Zion Street

OWNER/APPLICANT:         Mary Morrow

PROPOSAL:                         A conditional use permit is requested to allow a day care center in the existing residence on this R-3 zoned lot.

1.         SITE LOCATION:

            The property is located on the southwest corner of Zion and West 35th Streets.

2.         COMPATIBILITY WITH NEIGHBORHOOD:

The property is located within a neighborhood that is almost exclusively single family in zoning and use.  A church and a city park are located two blocks to the southeast.  Otherwise, all properties in the area around this site appear to be single family.  The proposed use is not a day care family home but a day care center with 24 hour per day operation.  Staff does not believe this use is appropriate in this area.

All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the John Barrow Neighborhood Association were notified of this request.

3.         ON SITE DRIVES AND PARKING:

The day care center operates in three shifts with 16 children in each of the two daytime shifts and up to 6 overnight.  There are 6 employees, 3 who live on-site and 3 off-site.  The parking requirement for a day care center is one space per employee on the largest shift plus one space per facility vehicle plus one space per 10 children of licensed capacity.  If half the employees work each shift, it appears 4 parking spaces are required; assuming there is no overlap in attendance.  The site does have a paved parking – drop-off area on the 35th Street perimeter.  The parking area does not appear to be sufficient for the use.  The applicant states the employees who live off site live close enough to walk or are dropped off.

4.         SCREENING AND BUFFERS:

The entire rear yard area, including the playground is enclosed by a 6 foot tall, wood privacy fence which is constructed in “good neighbor” fashion; with the finished side facing out.

5.         PUBLIC WORKS COMMENTS:

No Comments.

6.         UTILITY, FIRE DEPT. AND CATA COMMENTS:

Wastewater:  Sewer available, not adversely affected.

Entergy:  Approved as submitted.

CenterPoint Energy:   Approved as submitted.

Southwestern Bell:  No Comments received.

Water:  No objection.

Fire Department:  Approved as submitted.

County Planning:  No Comments.

CATA:  The site is not located on a CATA bus route.  A bus route is located one block to the south, on West 36th Street. 

SUBDIVISION COMMITTEE COMMENT:                         (SEPTEMBER 30, 2004)

The applicant was present.  Staff presented the item and informed the applicant that additional information was needed including:   a copy of the bill of assurance; hours of the “shifts”; number of employees living on-site and off-site; signage; site lighting and a copy of the day care’s current DHS license.  Staff informed the Committee that the day care was a 24-hour per day operation, with two shifts plus overnight care.  Staff asked the applicant of the fenced property adjacent to the west was used for the day care since the fencing was similar and there was playground equipment in the area.  Ms. Morrow stated the adjacent property was not used in any way for the day care operation.  Staff noted the existing parking design did not comply with code standards since it appeared that vehicles backed into the street.  Gary Langlais asked Ms. Morrow what the neighbors felt about the business.  She responded that no one seemed to have any problems.  Staff asked Ms. Morrow if this was her only residence; if she lived anywhere else, any other day of the week.  Ms. Morrow responded that this was her sole residence.  Ms. Morrow stated she had kept children at her home for 17 years but until 6 years ago had not kept more than 5 children.

The applicant was advised to respond to staff issues by October 6, 2004.  The Committee then forwarded the item to the full Commission.  

STAFF ANALYSIS:

The R-3 zoned property located at 3500 Zion Street is occupied by a one-story, 2,300 square foot, frame, single family residence.  The occupant of the home has kept children at the site for 17 years, in some capacity.  Six years ago, she received a license from the State as a day care family home and began keeping up to 16 children.  Prior to that, she did not keep more than 5 children.  During staff’s recent review of state licensed day cares, this business was found not to have received a C.U.P.  An enforcement notice was issued and the owner subsequently applied for this C.U.P.

The day care center operates in three shifts.  16 children are kept from 7:00 a.m. to 3:00 p.m.; 16 from 3:30 p.m. to 7:30 p.m.; and 2 to 6 from 8:00 p.m. to 6:30 a.m.  The business has 6 employees; 3 who live in the home.  A paved parking/drop-off area is located on the north side of the house.  The applicant states parents pull off of 35th Street and park parallel to the house so that they do not back into the street.  Staff does not believe the parking area complies with ordinance standards.  The rear yard area, including the playground, is enclosed by a 6 foot tall, wood, privacy fence.  Lighting consists of porch lights and one night watcher in the yard.  The applicant has stated this is her sole residence.  The John Barrow bill of assurance does not address use issues.  The applicant owns the lots adjacent to the west which are also enclosed by a privacy fence.  Staff observed playground equipment in this area, but the applicant stated that area is not used for the day care.

Staff does not support the proposed day care center at this location.  The property is located within a neighborhood which is almost entirely single family in use.  The property is not on the edge or fringe of a neighborhood where it might be more appropriate to have this level of nonresidential use.  The operation is
24 hours per day in nature with 2 shifts of 16 children each and a third shift of up to 6 children.  The business has 6 employees, 3 of whom live off-site.  The applicant has stated she wishes to erect a small (1.5’ X 2.5’) sign which further adds to the nonresidential nature of the use.  Staff believes this use is too intense and is inappropriate for this site.

STAFF RECOMMENDATION:

Staff recommends denial of the application.

PLANNING COMMISSION ACTION:                                  (OCTOBER 21, 2004)

Staff informed the Commission that the applicant submitted a letter requesting that the application be deferred to the December 16, 2004 agenda.  Staff supported the deferral request.

With a vote of 9 ayes, 0 nays and 2 absent, the Commission voted to waive their bylaws and accept the deferral request less than five (5) days prior to the public hearing.

The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the December 16, 2004 agenda.  A motion to that effect was made.  The motion passed by a vote of 9 ayes, 0 nays and 2 absent.  The application was deferred.