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HomeMy WebLinkAboutZ-7570 Staff AnalysisJuly 29, 2004 ITEM NO.: D FILE NO.: Z-7570 Name: James Day Care Family Home — Special Use Permit Location: 8605 Woodson Road Applicant: Carolyn A. James 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 8605 Woodson Road. 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 Wakefield and SWLR United for Progress Neighborhood Associations were notified of the public hearing. Staff Analysis: 6805 Woodson Road is located at the southeast corner of Woodson Road and Newstead Drive. All surrounding properties are zoned R-2 and contain single family residences. There is a mixture of commercial and industrial uses to the north, along West 65th Street. The applicant's home is a one-story brick and frame structure and is typical of those in the general area. The front 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 through Saturday. The applicant has noted that she will have one (1) employee, as required by the State Department of Human Services. There is a one -car concrete driveway from Woodson Road, with parking for three (3) vehicles, including a single -car carport. On inspection, staff observed four (4) vehicles parked in the rear yard on unpaved surface. The applicant informed staff that some of the vehicles will be removed from the property. The applicant has discussed constructing a concrete parking pad on the south side of the driveway and carport. There should be sufficient space for drop-off and pick-up of children. July 29, 2004 ITEM NO.: D(Cont.)FILE NO.: Z-7570 The applicant is currently licensed by the State to care for five (5) children. She is in the process of being licensed to keep up to 10. The applicant has noted that the majority of the children she cares for live in southwest Little Rock 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 met with personnel of the Pulaski County Circuit Clerk Recorder's office and was unable to locate a Bill of Assurance for this neighborhood. 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 ali 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, as long as the applicant ceases parking vehicles on the grass in the rear yard. 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 Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 6805 Woodson Road, subject to the following conditions: Old July 29, 2004 ITEM NO.: D Cont. FILE NO.: Z-7570 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. 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. 3 July 29, 2004 ITEM NO.: D (Cont.) _ FILE NO.: Z-7570 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) Staff informed the Commission that the applicant submitted a letter requesting that the application be deferred to the May 6, 2004 agenda. Staff supported the deferral request. With a vote of 10 ayes, 0 nays and 1 absent, the Commission voted to waive their bylaws and accept the applicant's request for deferral, 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 May 6, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was deferred. PLANNING COMMISSION ACTION: (MAY 6, 2004) Staff informed the Commission that the applicant submitted a letter requesting that the application be deferred to the July 29, 2004 agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the July 29, 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. 4 July 29, 2004 ITEM NO.: D (Cont.) FILE NO.: Z-7570 STAFF UPDATE: Staff reinspected the site on July 1, 2004. The reinspection revealed that the concrete driveway had been extended, and there is currently parking for at least five (5) vehicles (including the carport). A new parking pad has also been constructed for the detached garage in the rear yard. Staff observed no vehicles parked on unpaved area. Staff also observed no vehicles which were not operational. SUBDIVISION COMMITTEE COMMENT: (JULY 8, 2004) Carolyn James was present, representing the application. Staff gave the results of the July 1, 2004 reinspection. Staff noted that the proposed day care family home use would conform to the requirements found in Section 36-54(e)(3) of the City's Zoning Ordinance. After the discussion, the Committee forwarded the issue to the full Commission for final action. PLANNING COMMISSION ACTION: (JULY 29, 2004) Carolyn James was present, representing the application. There was one (1) objector present. Staff presented the item with a recommendation of approval. Staff noted that the driveway had been widened to provide parking for at least five (5) vehicles, and that there were no vehicles parked in the rear yard in the grass. Troy Laha addressed the Commission in opposition to the application. He stated that a day care is a business use which should not -be allowed in residential areas. He stated that there were vehicles parked in the grass. Carolyn James addressed the Commission in support of the application. She provided the commissioners with photos of the site and explained the recent improvements to the driveway. There was a motion to approve the application as recommended by staff. The motion passed by a vote of 8 ayes, 2 nays and 1 absent. The application was approved. 5 May 6, 2004 ITEM NO.: A FILE NO.: Z-7570 Name: James Day Care Family Home — Special Use Permit Location: 8605 Woodson Road Applicant: Carolyn A. James 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 8605 Woodson Road. 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 Wakefield and SWLR United for Progress Neighborhood Associations were notified of the public hearing. Staff Analysis: 6805 Woodson Road is located at the southeast corner of Woodson Road and Newstead Drive. All surrounding properties are zoned R-2 and contain single family residences. There is a mixture of commercial and industrial uses to the north, along West 65th Street. The applicant's home is a one-story brick and frame structure and is typical of those in the general area. The front 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 through Saturday. The applicant has noted that she will have one (1) employee, as required by the State Department of Human Services. There is a one -car concrete driveway from Woodson Road, with parking for three (3) vehicles, including a single -car carport. On inspection, staff observed four (4) vehicles parked in the rear yard on unpaved surface. The applicant informed staff that some of the vehicles will be removed from the property. The applicant has discussed constructing a concrete parking pad on the south side of the driveway and carport. There should be sufficient space for drop-off and pick-up of children. May 6, 2004 ITEM NO.: A (Cont.) FILE NO.: Z-7570 The applicant is currently licensed by the State to care for five (5) children. She is in the process of being licensed to keep up to 10. The applicant has noted that the majority of the children she cares for live in southwest Little Rock 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 met with personnel of the Pulaski County Circuit Clerk Recorder's office and was unable to locate a Bill of Assurance for this neighborhood. 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, as long as the applicant ceases parking vehicles on the grass in the rear yard. 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 Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 6805 Woodson Road, subject to the following conditions: 2 May 6, 2004 ITEM NO.: A (Cont.) FILE NO.: Z-7570 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. 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. 3 May 6, 2004 ITEM NO.: A (Cont.) FILE NO.: Z-7570 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) Staff informed the Commission that the applicant submitted a letter requesting that the application be deferred to the May 6, 2004 agenda. Staff supported the deferral request. With a vote of 10 ayes, 0 nays and 1 absent, the Commission voted to waive their bylaws and accept the applicant's request for deferral, 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 May 6, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was deferred. PLANNING COMMISSION ACTION, (MAY 6, 2004) Staff informed the Commission that the applicant submitted a letter requesting that the application be deferred to the July 29, 2004 agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the July 29, 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. 4