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HomeMy WebLinkAboutZ-7507 Staff AnalysisOctober 30, 2003 ITEM NO.: 5 FILE NO.: Z-7507 Name: Kindle Day Care Family Home — Special Use Permit Location: 7516 Vega Drive Applicant: Deborah Kindle 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 7516 Vega Drive. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents located within 300 feet who could be identified, and the Chicot, West Baseline and SWLR United for Progress Neighborhood Associations were notified of the public hearing. STAFF ANALYSIS: 7516 Vega Drive is located on the north side of Vega Drive, two lots east of Chicot Road. All surrounding properties are zoned R-2 and, contain single family residences. There is a small area of 0-1 zoning to the west across Chicot Road which includes a contractor's office. The applicant's home is a one-story brick and frame single family residence. There is a circular drive from Vega Drive, with parking for several vehicles. The rear yard is fenced and provides a safe play area. The applicant proposes to operate the day care from 6:00 a.m. to 6:00 p.m., Monday — Friday. The applicant has also noted that there will be no additional employees for the day care use. The applicant has operated the day care family home at this address for one year and four months. The applicant has noted that she currently cares for five children, and will increase to no more than 10 if the special use permit is approved. The applicant has also noted that three of the children she cares for live in the immediate neighborhood, with the others living in nearby surrounding neighborhoods. 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 has noted that she is licensed by the State Department of Human Services. The applicant submitted a copy of the Bill of Assurance for the neighborhood which was recorded in 1965, and appears to still be in effect. The Bill of Assurance contains the following language: October 30, 2003 ITEM NO.: 5 Cont. FILE NO.: Z-7507 "LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single family dwelling, not to exceed 2'/2 stories in height, and a private garage for not more than two cars." 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. 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. To staffs knowledge, no complaints from neighbors have been received as long as the day care use has been located on the property. Staff Recommendations: Staff recommends approval of the Special Use Permit to allow a day care family home at 7516 Vega Drive, subject to the following conditions: 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. 2 October 30, 2003 ITEM NO.: 5 Cont. FILE NQ.: Z-7507 PLANNING COMMISSION ACTION: (OCTOBER 30, 2003) Deborah Kindle was present, representing the application. There was one (1) person present in opposition. Staff presented the item with a recommendation of approval, with conditions. Troy Laha addressed the Commission in opposition. He stated that there was a large day care south of this location and other day cares in the general area. He stated that the Commission should honor the neighborhood action plan and deny the day care use. He also noted that traffic was a concern. Chairman Nunnley commented on the size of day care family homes and the fact that the residential character of the properties was maintained. He noted that day care family homes were market-driven and a part of thriving neighborhoods. Mr. Laha stated that there were other day care uses in the area. Chairman Nunnley asked Mr. Laha if day care family homes caused neighborhoods to decline. Mr. Laha responded that they did. Commissioner Meyer asked if any vehicles were parked on the grass at this location. Mr. Laha responded that the vehicles were parked on the driveway and circular drive. Commissioner Rector commented that the day care use is in a residence and the residential character of the property is maintained. Commissioner Rector made additional comments related to the size of day care family homes and the fact that they are not an intense use of the property. Deborah Kindle addressed the Commission in support of the application. She noted that she has a circular drive for easy access. She briefly discussed her day care family home use. There was a motion to approve the Special Use Permit, subject to the conditions as recommended by staff. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was approved. 9 FILE NO.: Z-7507 Name: Kindle Day Care Family Home — Special Use Permit Location: 7516 Vega Drive Applicant: Deborah Kindle 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 7516 Vega Drive. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents located within 300 feet who could be identified, and the Chicot, West Baseline and SWLR United for Progress Neighborhood Associations were notified of the public hearing. STAFF ANALYSIS: 7516 Vega Drive is located on the north side of Vega Drive, two lots east of Chicot Road. All surrounding properties are zoned R-2 and contain single family residences. There is a small area of 0-1 zoning to the west across Chicot Road which includes a contractor's office. The applicant's home is a one-story brick and frame single family residence. There is a circular drive from Vega Drive, with parking for several vehicles. The rearyard is fenced and provides a safe play area. The applicant proposes to operate the day care from 600 a.m. --to 6.00 p.m., lUlonday —Friday. `T e - applicant has also noted that there will be no additional employees for the day care use. The applicant has operated the day care family home at this address for one year and four months. The applicant has noted that she currently cares for five children, and will increase to no more than 10 if the special use permit is approved. The applicant has also noted that three of the children she cares for live in the immediate neighborhood, with the others living in nearby surrounding neighborhoods. 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 has noted that she is licensed by the State Department of Human Services. The applicant submitted a copy of the gill of Assurance for the neighborhood which was recorded in 1965, and appears to still be in effect. The Bill of Assurance contains the following language: FILE NO.. Z-7507 Cont. "LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single family dwelling, not to exceed 2'/z stories in height, and a private garage for not more than two cars." 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. To staffs 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. To staffs knowledge, no complaints from neighbors have been received as long as the day care use has been located on the property. Staff Recommendations: Staff recommends approval of the Special Use Permit to allow a day care family home at -7516 -Vega- Drive. -subject to -the -following -conditions, 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: (OCTOBER 30, 2003) Deborah Kindle was present, representing the application. There was one (1) person present in opposition. Staff presented the item with a recommendation of approval, with conditions. 2 FILE NO.: Z-7507—(Cont.) Troy Laha addressed the Commission in opposition. He stated that there was a large day care south of this location and other day cares in the general area. He stated that the Commission should honor the neighborhood action plan and deny the day care use. He also noted that traffic was a concern. Chairman Nunnley commented on the size of day care family homes and the fact that the residential character of the properties was maintained. He noted that day care family homes were market-driven and a part of thriving neighborhoods. Mr. Laha stated that there were other day care uses in the area. Chairman Nunnley asked Mr. Laha if day care family homes caused neighborhoods to decline. Mr. Laha responded that they did. Commissioner Meyer asked if any vehicles were parked on the grass at this location. Mr. Laha responded that the vehicles were parked on the driveway and circular drive. Commissioner Rector commented that the day care use is in a residence and the residential character of the property is maintained. Commissioner Rector made additional comments related to the size of day care family homes and the fact that they are not an intense use of the property. Deborah Kindle addressed the Commission in support of the application. She noted that she has a circular drive for easy access. She briefly discussed her day care family home use. There was a motion to approve the Special Use Permit, subject to the conditions as recommended by staff. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was approved.