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HomeMy WebLinkAboutZ-3929-A Staff AnalysisAugust 6, 2009 ITEM NO.: 3 FILE NO.: Z -3929-A NAME: Smith Day Care Family Home — Special Use Permit LOCATION: 12214 Chicot Road OWNER: Bodie and Laverne Smith APPLICANT: Laverne Smith PROPOSAL: A Special Use Permit is requested to allow a Day Care Family Home to be operated in the single family residence located on the R-2 zoned property at 12214 Chicot Road. A. Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Oxford Valley, Legion Hut and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Public Work Comments: 1. Vehicles backing out onto Chicot Road creates unsafe driving conditions. C. Staff Analysis: 12214 Chicot Road is located on the west side of Chicot Road, between Hillsboro Road and Bunch Road. The properties to the north and south are zoned R-2 and contain single-family residences. The property across Chicot Road to the east is undeveloped and wooded. There is a PID zoned development further south. The applicant's home is a one-story brick and frame single-family residence which is typical of those in the neighborhood, along the west side of Chicot Road. A small, unfenced area in the rear yard is used for a play area. According to the applicant, the State has approved the play area since it is not adjacent to any streets. Proposed hours of operation are from 6:00 a.m. to 6:00 p.m., Monday through Friday. The applicant has noted that there.will be no employees reporting to the site. There is a paved driveway from Chicot Road at the northeast corner of the property. The driveway is a two -car width, with parking for four (4) vehicles. There is also a gravel area on the south side of the driveway August 6, 2009 ITEM NO: 3 ( Cont. FILE NO.: Z -3929-A which has been used for parking/turn around space for a number of years. Staff feels that this will allow sufficient space for drop-off and pick-up of children. Given the past use of the gravel area on the south side of the driveway and the volume of traffic on Chicot Road, staff feels that it would be appropriate to allow the gravel area to be used as a vehicle "turn around" area, but not for parking. Inspection of the property revealed two (2) non -operational vehicles parked on the grass in the rear yard area. If the special use permit is approved, the vehicles must be removed from the site within thirty (30) days. Inspection of the site also revealed one (1) vehicle parked on a gravel area next to the driveway. Staff informed the applicant that the vehicle needed to be parked on the paved driveway. The applicant is currently caring for five (5) children at this location, and has been doing so since 1993. From 1978 to 1984 the applicant was licensed by the State to care for ten (10) children at this location. From 1984 to 1993 the applicant operated a day care center in the Scott Hamilton Road/Baseline Road area. The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. There is no bill of assurance for this property, as it is not in a platted subdivision. Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes the site and location criteria for day care family homes as follows: Day care family home: a. This use may be located only in a single family home, occupied by the care giver and which is the full time residence of the care giver. b. Must be operated within licensing procedures established by the State of Arkansas. State regulations shall control the number of employees residing off premises. c. The use is limited to ten (10) children including the care givers. d. The minimum to qualify for special use permit is six (6) children from households other than the care givers. e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. K August 6, 2009 ITEM NO: 3 (Cont. FILE NO.: Z After the effective date of this subsection, no Special Use Permit will be approved for a day care family proposed to be located within 300 feet of a licensed day care center or an operating day care family home for which a Special Use Permit has previously been approved. For the purposes of this subsection, the distance between properties shall be measured in a straight line without regard to intervening structures or objects, from property line to property line. g. All day care family homes located in the City of Little Rock are required to obtain a City of Little Rock business license and to pay an annual business tax as specified in Chapter 17. of the Code. h. A copy of the day care family home's current State of Arkansas license must be submitted to the City Collector's Office each year at the time of payment of the annual business tax. i. All vehicles must be parked on an on-site paved surface. j. All vehicles located on the site must be operational. k. All pick-up and drop-off of children shall be on the property's driveway and not on the public right-of-way unless otherwise approved by the Planning Commission. Special Use Permits for day care family homes shall be reviewed by staff every three (3) years for compliance with the development criteria and Planning Commission approval. m. The Fire Marshall must approve use of the residence for the proposed day care family home. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. To staff's knowledge, there are no outstanding issues associated with this application. Staff feels that the proposed day care family home at this location will have no adverse impact on the general area. The site is located on Chicot Road which is classified as a principal arterial by the City's Master Street Plan. Based on information provided by the State, there are no permitted/licensed day care family homes or day care centers within 300 feet of the site. Additionally, staff has received no complaints from neighbors since the applicant began caring for children at this address, as of 1993. 3 August 6, 2009 ITEM NO: 3(Cont.)FILE NO.: Z -3929-A D. Subdivision Committee Comments: (April 23, 2009) Laverne Smith was present, representing the application. Staff presented the application, briefly describing the proposed day care use. In response to a question from staff, Mrs. Smith noted that she would have no employees other than herself and her husband. Staff noted that two (2) nonoperational vehicles were observed on the site and that one (1) vehicle was parked on the gravel area, south of the driveway. These issues were discussed. Public Works noted that it could create unsafe conditions for vehicles to back out onto Chicot Road. The issue of utilizing the gravel area as a turn around area was discussed. After the discussion, the Committee forwarded the application to the full Commission for final action. E. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 12214 Chicot Road, subject to the following conditions: 1. Compliance with the site and location criteria in Section 36-54(e)(3). 2. There is to be no signage beyond that permitted in single family zones. 3. Outdoor activities, including playground use, are to be limited to day- light hours. 4. The existing gravel area along the south side of the paved driveway may be utilized for vehicular "turn around" only and not used for parking. 5. The two (2) nonoperational vehicles located in the rear yard area must be removed from the property within 30 days. PLANNING COMMISSION ACTION: (AUGUST 6, 2009) Laverne Smith was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of approval. Laverne Smith addressed the Commission in support of the application. She gave a brief history of her day care use and experience. 4 August 6, 2009 ITEM NO: 3 (Cont. FILE NO.: Z -3929-A Commissioner Nunnley asked if any of the children she cared for lived in the residence. She stated that they do not. She added that only her and her husband lived in the home. Commissioner Laha asked Ms. Smith a series of questions. Ms. Smith noted that there would be no regular employees. She stated that the State approved the unfenced play area and that the two (2) non -operational cars would be removed from the rear yard area. The traffic along Chicot Road was discussed. Commissioner Smith asked Ms. Smith if she would consider putting a fence around the play area. Ms. Smith explained that she would like to, but did not have the money. There was a motion to approve the special use permit application, as recommended by staff. The motion passed by a vote of 6 ayes, 4 nays and 1 absent. The application was approved. 5