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HomeMy WebLinkAboutZ-7548 Staff AnalysisFILE NO.: Z-7 Name: Brooks Day Care Family Home — Special Use Permit Location: 6821 Fairfield Drive Applicant: Algin Brooks 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 6821 Fairfield 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 and SWLR United for Progress Neighborhood Associations were notified of the public hearing. STAFF ANALYSIS: 6821 Fairfield Drive is located on the south side of Fairfield Drive, between Dailey Drive and Warren Drive. All surrounding properties are zoned R-2 and contain single family residences. The applicant's home is a one-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 6:00 a.m. to 7:00 p.m., Monday through Friday. The applicant notes that her two (2) daughters will help care for the children. The applicant also notes that the day care family home is not yet in operation at this location. The applicant is awaiting City approval prior to opening. There is a one -car concrete driveway (with gravel extension) from Fairfield Drive, with parking for three (3) vehicles, including the single -car carport. On inspection, staff observed two (2) vehicles parked on the gravel area next to the concrete driveway. The applicant has expressed an interest in constructing a concrete extension, to create a two -car driveway. There should be sufficient space for drop-off and pick-up of children. 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 met with personnel of the Pulaski County -Circuit Clerk Recorder's Office and was unable to locate a Bill of Assurance for this neighborhood. NO.: Z-7548 (Co 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. There are no permitted/licensed day care family homes or day care centers within 300 feet of the site. Staff Recommendations: Staff recommends approval of the Special Use Permit to allow a day care family home at 6821 Fairfield Drive, subject to the following conditions: 1. Compliance with the site and location criteria established in Section 36-54(e)(3). 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. K FILE NO.: Z-7548(Cont.) 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. 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 notified several of the surrounding property owners several days late. Staff suggested that the application be deferred to the February 12, 2004 Agenda. 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. Staff noted that the applicant would need to re -notify the surrounding property owners. 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. 3 FILE NO.: Z-7548 (Cont. 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) Alonzo and Algia Brooks were present, representing the application. There were two (2) persons present in opposition. Staff presented the item with a recommendation of approval. Alonzo Brooks addressed the Commission in support of the application. He noted that the driveway would be widened to a two -car drive. Chairman Rahman asked when the drive would be widened. Mr. Brooks stated that it would be widened within two (2) months. The driveway issue was briefly discussed. Staff noted that widening the driveway could be a condition of approval. Mr. Brooks amended the application to include the driveway widening. Troy Laha addressed the Commission in opposition. He stated that he observed one vehicle parked in the front yard of the residence. He noted that the neighborhood action plan for the area did not allow businesses in residences. Delores Overton also spoke in opposition. She stated that there was inadequate play area in the rear yard. She noted that the area was too busy for a day care use. She discussed traffic in the area. She stated that she was opposed to a day care being next door to her. She expressed safety issues for the children. Mr. Brooks made additional comments in support of the application. There was a motion to approve the application as amended by the applicant (driveway widening) and recommended by staff. The motion passed by a vote of 6 ayes, 3 nays and 2 absent. The application was approved. 2 March 25, 2004 ITEM NO.: E FILE NO.: Z-7548 Name: Brooks Day Care Family Home — Special Use Permit Location: 6821 Fairfield Drive Applicant: Algin Brooks 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 6821 Fairfield 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 and SWLR United for Progress Neighborhood Associations were notified of the public hearing. STAFF ANALYSIS: 6821 Fairfield Drive is located on the south side of Fairfield Drive, between Dailey Drive and Warren Drive. All surrounding properties are zoned R-2 and contain single family residences. The applicant's home is a one-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 6:00 a.m. to 7:00 p.m., Monday through Friday. The applicant notes that her two (2) daughters will help care for the children. The applicant also notes that the day care family home is not yet in operation at this location. The applicant is awaiting City approval prior to opening. There is a one -car concrete driveway (with gravel extension) from Fairfield Drive, with parking for three (3) vehicles, including the single -car carport. On inspection, staff observed two (2) vehicles parked'on the gravel area next to the concrete driveway. The applicant has expressed an interest in constructing a concrete extension, to create a two -car driveway. There should be sufficient space for drop-off and pick-up of children. 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 met with personnel of the Pulaski County Circuit Clerk Recorder's Office and was unable to locate a Bill of Assurance for this neighborhood. March 25, 2004 ITEM NO.: E Cont. FILE NO.: Z-7548 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 permitted/licensed day care family homes or day care centers within 300 feet of the site. Staff Recommendations: Staff recommends approval of the Special Use Permit to allow a day care family home at 6821 Fairfield Drive, subject to the following conditions: 1. Compliance with the site and location criteria established in Section 36-54(e)(3). 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. 2 March 25, 2004 ITEM NO.: E Cont. FILE NO.: Z-7548 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. L 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 notified several of the surrounding property owners several days late. Staff suggested that the application be deferred to the February 12, 2004 Agenda. 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. Staff noted that the applicant would need to re -notify the surrounding property owners. 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 3 March 25, 2004 ITEM NO.: E (Cont.) FILE NO.: Z-7548 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) Alonzo and Algia Brooks were present, representing the application. There were two (2) persons present in opposition. Staff presented the item with a recommendation of approval. Alonzo Brooks addressed the Commission in support of the application. He noted that the driveway would be widened to a two -car drive. Chairman Rahman asked when the drive would be widened. Mr. Brooks stated that it would be widened within two (2) months. The driveway issue was briefly discussed. Staff noted that widening the driveway could be a condition of approval. Mr. Brooks amended the application to include the driveway widening. Troy Laha addressed the Commission in opposition. He stated that he observed one vehicle parked in the front yard of the residence. He noted that the neighborhood action plan for the area did not allow businesses in residences. Delores Overton also spoke in opposition. She stated that there was inadequate play area in the rear yard. She noted that the area was too busy for a day care use. She discussed traffic in the area. She stated that she was opposed to a day care being next door to her. She expressed safety issues for the children. Mr. Brooks made additional comments in support of the application. There was a motion to approve the application as amended by the applicant (driveway widening) and recommended by staff. The motion passed by a vote of 6 ayes, 3 nays and 2 absent. The application was approved. 4