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HomeMy WebLinkAboutZ-7340 Staff AnalysisFebruary 6, 2003 ITEM NO.: 17 FILE NO.: Z-7340 Name: Location: Applicant: Proposal: PUBLIC NOTIFICATION: Johnson Day Care Family Home — Special Use Permit 1805 Glenda Drive Trina L. Johnson 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 1805 Glenda Drive. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Twin Lakes, Twin Lakes "B" and John Barrow Neighborhood Associations were notified of this request. STAFF ANALYSIS: The occupant of the single family residence located at 1805 Glenda Drive is requesting approval of a Special Use Permit to allow her to operate a day care family home. The application was originally filed as a conditional use permit, but was amended by the applicant. The applicant proposes a total enrollment of 10 children. Staff is proposed to consist of the applicant, one other employee and one volunteer as needed. Days and hours of operation are to be Monday — Friday, 6:30 a.m. —12:00 p.m. To accommodate parking issues which may arise during operating hours, the applicant proposes to widen the residence's driveway from its current width of 16 feet to 26 feet. No signage will be erected on the property. The fenced back yard will be used for playground area and outdoor activities will be limited to daylight hours. The applicant states it is her desire to use her home for childcare for a maximum of two years, after which she hopes to open a childcare center in a different (business) location. The applicant has discussed the Subdivision's Bill of Assurance with the neighborhood association and is aware that there may be an issue. The property is located in the "heart" of the Twin Lakes neighborhood and the applicant's property and home are typical of those found in the area. All surrounding properties are zoned R-2 and are occupied by single family homes. While staff is generally supportive of the concept of small-scale day care family homes as a component of neighborhoods, there are aspects of this specific proposal that raise concerns. February 6, 2003 SUBDIVISION O.: 17 (Cont. FILE NO.: Z-7340 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: a. This use may be located only in a single family home, occupied by 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. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. The applicant has proposed a total of three caregivers; herself, one paid employee and one volunteer. Staff believes it is more appropriate to limit a day care family home to being operated by the occupant of the residence. Allowing additional employees raises the level of activity on the site and brings the appropriateness of the use into question. The extended hours of operation are also of concern to staff. The applicant proposes to operate the day care until 12:00 p.m. Staff questions whether allowing the use to operate past the typical day care closing time of 6:00 — 6:30 p.m. is appropriate. SUBDIVISION COMMITTEE COMMENT: (JANUARY 16, 2003) The applicant was present. Staff presented the item and noted that some additional information was needed regarding signage, parking and playground activities. There was a general discussion of the level of activity proposed by the applicant and the possibility of reducing the proposed enrollment. The Committee then forwarded the item to the full Commission. Staff subsequently met with the applicant who, in response to staff comments, amended the application to a Special Use Permit with the numbers and proposed operation outlined in the "Staff Analysis" above. STAFF RECOMMENDATION: Staff recommends denial of the application, as filed. 6 February 6, 2003 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-7340 PLANNING COMMISSION ACTION: (FEBRUARY 6, 2003) The applicant was present. There were no objectors present. Two letters of opposition had been received by staff and forwarded to the Commission. Staff presented the item and asked that the applicant clarify the total number of children proposed to be enrolled. Staff also voiced concern about the number of employees and the proposed hours of operation. The applicant, Trina Johnson, stated the total enrollment would be 10 children. She stated there would be only one other employee, besides herself. Ms. Johnson stated the volunteer would fill-in if one of the two employees were absent. Commissioner Faust asked Ms. Johnson to again clarify the enrollment number. Ms. Johnson restated that the total enrollment would be 10 children and that there would only be two employees on the site at a time. Commissioner Faust asked Ms. Johnson why the late hours were proposed. Ms. Johnson responded that she had four families who had evening jobs or night school and needed child- care past 6:30 p.m. Chairman Nunnley voiced concern about traffic coming and going from the home in the evening. In response to a question from Commissioner Faust, Ms. Johnson stated she could set the proposed hours of operation to end at 10:00 p.m., rather than midnight. In response to a question from Commissioner Rahman, Ms. Johnson stated she had met with the president of the neighborhood association, Mr. Harshaw. According to Ms. Johnson, Mr. Harshaw stated he did not object to the business, if it were limited to a special use permit with an enrollment of 10 children. In response to a question from Commissioner Langlais, Ms. Johnson stated the extended hours would be needed four times a week. After a brief discussion of parking and hours of operation, a motion was made to approve the application, as amended to a Special Use Permit as described by the applicant. The vote was 10 ayes, 0 noes and 1 absent. The application was approved with the following conditions: 1. Compliance with the site and location criteria for day-care family homes in Section 36- 54(e)(3) of the Code. 2. Hours of operation are to be Monday -Friday, 6:30 a.m. —10:00 p.m. 3 February 6, 2003 SUBDIVISION ITEM NO.: 17(Cont-j-FILE NO.: Z-7340 3. No more than two employees, including the applicant, are to be on the site at a time. 4. No signage is to be placed on the property. 5. Outdoor activities are to be limited to daylight hours. 4