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HomeMy WebLinkAboutZ-7571 Staff AnalysisMarch 25, 04 ITEM NO.: H FILE NO.: Z-7571 Name: Moore Day Care Family Home — Special Use Permit Location: 4024 Apple Avenue Applicant: Margaret Moore 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 AF zoned property at 4024 Apple Avenue. Public Notification All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the College Station Progressive League Neighborhood Association were notified of the public hearing. Staff Analysis: 4024 Apple Avenue is located at the northwest corner of Apple Avenue and Red Apple Cove. All surrounding properties are zoned AF and contain single family residences or vacant single family lots. There is a mixture of uses further to the west along Frazier Pike, and to the north along Lindsey Road. 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 6:30 a.m. to 5:30 p.m., Monday through Friday. The applicant has noted that she will have one (1) part-time employee. There is a two -car concrete driveway from Apple Avenue, with parking for six (6) vehicles, including a two -car garage. 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 surface. Staff observed no vehicles on the site which were not operational. The applicant has operated a day care family home at this address since April, 2002. The applicant has cared for five (5) to eight (8) children. The applicant has noted that the majority of the children she cares for live in the College Station and Central Little Rock area. 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 March 25 04 ITEM NO.: H [Cont. FILE NO.: Z-7571 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 1996 and appears to still be in effect. The Bill of Assurance contains the following language: 1. Land Use, Building Type and Height Restriction. The building lots herein platted shall be held, owned and used only as residential building sites, and no business, commercial, or industrial use shall be permitted thereon, with exception of the use of a Model Home by Builder site other than a single detached single-family dwelling, not exceeding two and one-half stories in height and an attached private garage. Any extra storage shed or building may not be constructed or erected unless authorized and approved by the Architectural Control Committee with exception of those construction or trailers that may be needed by Builder." 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. To staffs knowledge, no complaints from neighbors have been received as long as the day care use has been located on the property (2 years). 2 March 25, 04 ITEM NO.: H (Cont.) FILE NO.: Z-7571 Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 4024 Apple Avenue, 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. 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 March 25; J4 ITEM NO.: H Cont. FILE NO.: Z-7571 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: (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) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The applicant offered no additional comments. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was approved. 4