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HomeMy WebLinkAboutZ-7543 Staff AnalysisDecember 18, 2003 ITEM NO.: 4 FILE NO.. Z- Name: O'Donnell Day Care Family Home — Special Use Permit Location: 25 Overby Circle Applicant: Linda O'Donnell 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 25 Overby Circle. 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 Treasure Hills Neighborhood Association were notified of the public hearing. STAFF ANALYSIS: 25 Overby Circle is located on the south side of Overby Circle east of Vinson Street, within the Treasure Hills Subdivision. All surrounding properties are zoned R-2 and contain single family residences. There is a mixture of commercial uses along Rodney Parham Road to the north and east. The applicant's home is a two-story brick and frame structure and is typical of those in the general area. There is a two -car driveway from Overby Circle, with parking for at least four vehicles. The rear yard is fenced and provides a safe play area. The applicant proposes to operate the day care from 9:00 a.m. to 2:00 p.m., Monday through Thursday. The applicant has noted that she has no employees. The applicant has operated a day care family home at this address for 7 Y2 years. The applicant has noted that she currently cares for 10 children. The applicant has also noted that most of the children she cares for live 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 this neighborhood which was recorded in 1965 and appears to still be in effect. The Bill of Assurance contains the following language: "I. Except for Park Tracts A and B which are to be used by owners of lots in all sections of Treasure Hills Subdivision, their December 18, 2003 O.: 4 (Cont. FILE NO.: Z-7543 guests and others having their permission, for recreational purposes; lots in this Section 3 may be used only for residential purposes. No building shall be, erected, altered, placed or permitted to remain on such residential lot other than and single family dwelling not to exceed two and one-half 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 staff's knowledge, no complaints from neighbors have been received as long as the day care use has been located on the property (7 % years). Staff Recommendations: Staff recommends approval of the Special Use Permit to allow a day care family home at 25 Overby Circle, 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: (DECEMBER 18, 2003) Staff informed the Commission that the applicant had requested the application to be deferred to the February 12, 2004 Agenda, due to the fact that she became 2 December 18, 2003 ITEM NO.: 4 Cont. FILE NO.: Z-7543 aware of a petition of opposition on the date of the public hearing. Staff noted that the applicant wished to have a neighborhood meeting with the opposition. Staff supported the deferral request. With a vote of 11 ayes and 0 nays, the Commission voted to waive their bylaws and accept the deferral request being 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 February 12, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was deferred. 9 March 25, 2004 ITEM NO.: ❑ FILE NO.. Z-7543 Name: O'Donnell Day Care Family Home — Special Use Permit Location: 25 Overby Circle Applicant: Linda O'Donnell 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 25 Overby Circle. 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 Treasure Hills Neighborhood Association were notified of the public hearing. STAFF ANALYSIS: 25 Overby Circle is located on the south side of Overby Circle east of Vinson Street, within the Treasure Hills Subdivision. All surrounding properties are zoned R-2 and contain single family residences. There is a mixture of commercial uses along Rodney Parham Road to the north and east. The applicant's home is a two-story brick and frame structure and is typical of those in the general area. The rear yard is fenced and provides a safe play area. The applicant proposes to operate the day care from 9:00 a.m. to 2:00 p.m., Monday through Thursday. The applicant has noted that she has no employees. There is a two -car concrete driveway from Overby Circle, with parking for at least . four (4) vehicles. There is sufficient space for drop-off and pick-up of children. On inspection, staff observed all vehicles on the site to be parked on paved surfaces. Staff observed no vehicles on the site which were not operational. The applicant has operated a day care family home at this address for 7'/ years. The applicant has noted that she currently cares for 10 children. The applicant has also noted that most of the children she cares for live 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 March 25, 2004 ITEM NO.: D(Cont.)FILE NO.: Z-7543 applicant submitted a copy of the Bill of Assurance for this neighborhood which was recorded in 1965 and appears to still be in effect. The Bill of Assurance contains the following language: "I. Except for Park Tracts A and B which are to be used by owners of lots in all sections of Treasure Hills Subdivision, their guests and others having their permission, for recreational purposes; lots in this Section 3 may be used only for residential purposes. No building shall be, erected, altered, placed or permitted to remain on such residential lot other than and single family dwelling not to exceed two and one-half 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. There are no permittedllicensed day care family homes or day care centers within 300 feet of the site. To staffs knowledge, no complaints from neighbors have been received as long as the day care use has been located on the property (7'h years). Staff Recommendations: Staff recommends approval of the Special Use Permit to allow a day care family home at 25 Overby Circle, subject to the following conditions: 1. Compliance with the site and location criteria established in Section 36-54(e)(3). 2 March 25, 2004 ITEM NO.: D Cont. FILE NO.: Z-7543 2. Compliance with the following additional site and location criteria as approved by the Planning Commission on February 12, 2004 and the Board of Directors on March 16, 2004: a. This use may be located only in a single-family home, occupied by the caregiver and which is the full time residence of the caregiver. b. After the effective date of this subsection, no Special Use Permit will be approved for a day care family home proposed to be located within 300 feet of 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. c. 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. d. 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. e. All vehicles must be parked on a paved surface. f. All vehicles located on the site must be operational. g. 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. h. 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. i. The Fire Marshall must approve use of the residence for the proposed day care family home. 3. There is to be no signage beyond that permitted in single family zones. 4. Outdoor activities, including playground use, are to be limited to day -light hours. PLANNING COMMISSION ACTION: (DECEMBER 18, 2003) Staff informed the Commission that the applicant had requested the application to be deferred to the February 12, 2004 Agenda, due to the fact that she became aware of a petition of opposition on the date of the public hearing. Staff noted 3 March 25, 2004 ITEM NO.: D Cont. FILE NO.: Z-7543 that the applicant wished to have a neighborhood meeting with the opposition. Staff supported the deferral request. With a vote of 11 ayes and 0 nays, the Commission voted to waive their bylaws and accept the deferral request being 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 February 12, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was deferred. PLANNING COMMISSION ACTION: (FEBRUARY 12, 2004) Staff informed the Commission that the application, along with the other day care family home — special use permits on this agenda, needed to be deferred to the March 25, 2004 Planning Commission agenda pending completion of the review of Ordinance regulations regarding day care family homes and special use permits. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the March 25, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was deferred. PLANNING COMMISSION ACTION: (MARCH 25, 2004) Linda O'Donnell was present, representing the application. There were several persons present in support of the application. There were two (2) persons present in opposition. Staff presented the item with a recommendation of approval. Linda O'Donnell addressed the Commission in support of the application. She gave a description of the day care family home. Troy Laha addressed the Commission in opposition. He noted that he observed two (2) vehicles parked in the yard. He also noted that the address was not properly displayed on the property. Sharon Sweeney also addressed the Commission in opposition. She expressed traffic and noise concerns. She stated that the children playing outside during the day were noisy. 4 March 25, 2004 ITEM NO.: D (Cont.) FILE NO.: Z-7543 Charlotte Greer addressed the Commission in support of the application. She stated that she had a child in the day care. She noted that Mrs. O'Donnell was not changing what she has been doing at the site for the past 7'h years. In response to a question from Commissioner Adcock, Ms. Greer stated that she did not live in the neighborhood. Stephanie Greaves also spoke in support. She stated that she lives in the neighborhood and has no problem with the day care. Ruth Bell, League of Women Voters, also spoke in support of the day care use. She stated that the use was a home occupation. She noted that the day care use conformed to the State requirements. There was a motion to approve the application, as recommended by staff. The motion passed by a vote of 7 ayes, 2 nays and 2 absent. The application was approved. 5