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HomeMy WebLinkAboutZ-7000 Staff AnalysisMay 3, 2001 ITEM NO.: 23 FILE NO.: Z-7000 NAME: Jones Day Care Family Home LOCATION: 8607 Crofton Circle OWNER/APPLICANT: Renee Jones 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 8607 Crofton Circle. PUBLIC NOTIFICATION: Neighbors located within 200 feet of the site and the SWLRUP, and West Baseline Neighborhood Associations were notified of the request. STAFF ANALYSIS: The occupant/owner of the single family home located on the R-2 zoned property at 8607 Crofton Circle is requesting approval of a Special Use Permit to allow her to operate a day-care family home. 8607 Crofton Circle is located at the end of a short cul-de-sac in the Merrivale Subdivision. Seven single family homes front onto the cul-de-sac. All surrounding properties are zoned R-2 and are occupied by single-family homes. The applicant's home is typical of those in the neighborhood; one-story, brick and frame construction. The house has a double driveway and carport with room for 4 vehicles. The rear yard is enclosed by a chainlink fence and will provide a safe play area. The applicant proposes to operate the day-care from 6:00 a.m. until 6:00 p.m., Monday through Friday. The principal use of the property will remain single family residential. No signage beyond that allowed in single-family zones will be permitted. The applicant states that her home has been licensed by the state for the care of 10 children. Section 36-54(e)(3) of the Code establishes the site and location criteria for day-care family homes as follow: May 3, 2001 ITEM NO.: 23 (Cont.) FILE NO.: Z-7000 a.This use may be located only in a single-family home, occupied by the caregiver. b.Must be operated within licensing procedures established by the State of Arkansas. c. The use is limited to ten (10) children including the caregivers. d. The minimum to qualify for special use permit is six (6) children from households other than the caregivers. e.This use must obtain a special use permit in all districts where day care centers are not allowed by right. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. If it were not for one unusual situation, staff would feel comfortable recommending approval of the application. A similar application has been filed by the occupant of the home at 8606 Crofton Circle, one lot north of this site. Staff is uncomfortable with the prospect of concentrating two day-care family homes in such proximity to each other. STAFF RECOMMENDATION: Staff cannot offer a recommendation of approval at this time. If the Commission votes to approve the Special Use Permit, staff would recommend that the following conditions be attached: 1. Compliance with the site and location criteria established 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. PLANNING COMMISSION ACTION: (MAY 3, 2001) This item was discussed concurrently with Item No. 24, Z-7001. The applicants were present. There were two objectors present. Letters of opposition had been received from SWLRUP and the West Baseline Neighborhood Association. Staff presented the items 2 May 3, 2001 ITEM NO.: 23 (Cont.) FILE NO.: Z-7000 and outlined the concern with having two day-care family homes located so near each other. Applicant Renee Jones, of 8607 Crofton Circle, addressed the Commission. Ms. Jones stated that she had been issued a state license and that she was not advised by the state that she had to have a city permit. Ms. Jones stated that she had quit her job of 15 years to do the day-care in her home. Jim Lawson, Director of Planning and Development, asked Ms. Jones how it was that she and her neighbor Zorana Brown, of 8606 Crofton Circle, had started day-care family homes at around the same time. Ms. Jones responded that it was just a coincidence and Ms. Brown may have gotten her state license first. Zorana Brown addressed the Commission and stated that she had also been issued a state license and not been advised that she needed City approval. She also stated that she had quit her job to begin the day-care business. Ms. Brown stated that she had received her state license in June 2000. She stated that the business did not generate much traffic. Mr. John Brockway, representing the West Baseline Neighborhood Association, spoke in opposition to both applications. He stated that the association had voted at its April 30, 2001 meeting to "strongly oppose" the applications. He read from the letter that had been submitted to the Commission from the association. Mr. Brockway stated that, as a neighborhood resident, he was concerned about the businesses creating additional traffic. Norm Floyd, representing SWLRUP, spoke in opposition. He also voiced concerns about traffic. Mr. Floyd stated the businesses were too intense and were inappropriately located deep inside the residential neighborhood. n In response to questions, Ms. Brown stated she currently kept 8 children and Ms. Jones stated she currently kept 6 children. Both stated that they had kept 10 children in the past and expected to keep 10 once school let out for the summer. Commissioner Nunnley stated he had concerns that the state had licensed both individuals and they each had given up their jobs to operate the day -cares. He stated the applicants had probably planned on the income from keeping 10 children. He stated his intent to support the applications. Commissioner Nunnley then 3 May 3, 2001 ITEM NO.: 23 (Cont.) FILE NO.: Z-7000 asked Deputy City Attorney Steve Giles to send a letter to the appropriate state agency asking them to follow the rules and make sure the City has approved the day-care family homes prior to issuing a license. Commissioner Lowry commented that the Commission would not support a 20 child day-care at this location. He stated that he felt the impact of 2, 10 child day -cares so close to each other was the same as a single, 20 child day-care. Commissioner Allen asked if there was not some way to reach a compromise or to put a cap on the number of children. Commissioner Rahman stated that he agreed with Commissioner Nunnley. He asked where else you could put a small day-care if not in a neighborhood. Commissioner Adcock stated that she agreed with Commissioner Lowry; that the two businesses would create a commercial atmosphere in a residential neighborhood. Commissioner Rahman responded that the applicants would be providing an essential service. He stated he lived near a large school/day-care and he felt it was just a part of living in an urban environment. Commissioner Faust echoed Commissioner Rahman's comments. She stated it was unfortunate that these two day-care family homes were so close to each other but she was not compelled that the only course of action was to say no. Commissioner Lowry asked Ruth Bell, of the League of Women Voters, for a comment from the League. Ms. Bell stated the League was very supportive of women's issues and wanted the Commission to lean toward making safe, constructive home day- care available. Commissioner Lowry asked if approving these two special use permits would set a precedent for similar cases in the future. Steve Giles responded that each application is taken on its own merit and the Commission had discretion. A motion was made to approve item no. 23, file no. Z-7000 subject to compliance with staff's recommended conditions. The motion was approved by a vote of 7 ayes, 1 noe and 3 absent. 4 May 3, 2001 ITEM NO.: 23 (Cont.) FILE NO.: Z-7000 A motion was made to approve item no. 24, file no. Z-7001 subject to compliance with staff's recommended conditions. The motion was approved by a vote of 7 ayes, 1 noe and 3 absent. 5