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HomeMy WebLinkAboutZ-7618 Staff AnalysisMay 6, 2004 ITEM NO.: 2 FILE NO.: Z-7618 Owner: Dickerson Day Care Family Home — Special Use Permit Location: 6 Rosemoor Drive Applicant: Carmesha Dickerson 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 6 Rosemoor Drive. A. Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Geyer Springs, Wakefield, Upper Baseline and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 6 Rosemoor Drive is located on the west side of Rosemoor Drive, north of Greenfield Drive (north of Gum Springs Road). All surrounding properties are zoned R-2 and contain single family residences. There is a small lake located on the west side (rear) of the property. Benny Craig Park is located east and north of the subdivision. 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 should provide a safe play area. The applicant proposes to operate the day care from 5:00 a.m. to 6:00 p.m., Monday through Friday. 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 Rosemoor Drive, with parking for two (2) vehicles. On inspection of the site, staff observed one (1) vehicle parked on the grass along the south side of the driveway. The applicant has noted plans to widen the driveway to a two -car drive by the end of May, 2004. After widening, staff feels that the driveway will allow sufficient space for drop-off and pick-up of children. Staff observed no vehicles on the site which were not operational. May 6, 2004 ITEM NO.: 2 [Cont. FILE NO.: Z-7618 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 in the process of becoming licensed by the State. The day care use is not yet in operation. The applicant submitted a copy of the Bill of Assurance for this neighborhood, which was recorded in 1963 and appears to still be in effect. The Bill of Assurance contains the following language: 1. 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 single family dwelling not to exceed two 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 follow: 1. This use may be located only in a single family home, occupied by the care giver. 2. Must be operated within licensing procedures established by the State of Arkansas. State regulations shall control the number of employees residing off premises. 3. The use is limited to ten (10) children including the care givers. 4. The minimum to qualify for special use permit is six (6) children from households other than the care givers. 5. This use must obtain a special use permit in all districts where day care centers are not allowed by right. The following additional site and location criteria were 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 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 2 May 6, 2004 ITEM NO.: 2 Cont.) FILE NO.: Z-7618 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. 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. Staff knows of no permitted/licensed day care family homes or day care centers within 300 feet (or 750 feet) of the site. C. SUBDIVISION COMMITTEE COMMENT: (APRIL 15, 2004) Carmesha Dickerson was present, representing the application. Staff briefly described the proposed day care use. Staff noted that there was one (1) vehicle parked on the grass next to the driveway when the property was inspected on April 16, 2004. Ms. Dickerson noted that she had plans to extend the driveway to a two -car drive, by the end of May, 2004. The issue was briefly discussed. 3 May 6, 2004 14AWMIere M, FILE NO.: Z-7618 two -car drive, by the end of May, 2004. The issue was briefly discussed. In response to a question from the Committee, Ms. Dickerson noted that she has lived on the property for six (6) years. She also noted that she expected the majority of the children she will care for to be from the neighborhood. After the discussion, the Committee forwarded the application to the full Commission for final action. D. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 6 Rosemoor 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 additional site and location criteria as approved by the Planning Commission on February 12, 2004 and the Board of Directors on March 16, 2004. 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. 5. The driveway must be widened to a two -car drive by the end of May, 2004. PLANNING COMMISSION ACTION: (MAY 6, 2004) Carmesha Dickerson was present, representing the application. There was one (1) person present in opposition and two (2) persons present in support. Staff presented the application with a recommendation of approval. Troy Laha addressed the Commission in opposition. He referred to the Bill of Assurance for the neighborhood, noting that it allowed no commercial uses. He stated that he observed children on the property recently and noted that the day care use appeared to be operating. Mr. Laha asked if the requirement to park on paved surfaces (for approved day care family homes) applied whether or not the day care use was in operation. Staff noted if a day care family home were approved, one of the conditions would be no parking on unpaved surfaces. Staff felt that it would apply any time, before, during or after the approved hours of operation. 2 May 6, 2004 ITEM NO.: 2 (Cont.) FILE NO.: Z-7618 Carmesha Dickerson addressed the Commission in support of the application. She explained that the driveway would be widened to a two -car driveway by the end of May, 2004. She noted that she will only own two (2) vehicles, and that one of them will not be on the site during the day care operating hours. Betty Snyder, of the Geyer Springs Neighborhood Association, addressed the Commission in support of the application. She noted that the association voted to recommend approval of the special use permit. She stated that she did have some concerns with the proposed day care use. Edna Whitehead also addressed the Commission in support of the application. There was a motion to approve the application as recommended by staff. The motion passed by a vote of 10 ayes and 1 nay. The application was approved. 5 FILE NO.: Z-7618 Owner: Dickerson Day Care Family Home — Special Use Permit Location: 6 Rosemoor Drive Applicant: Carmesha Dickerson 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.6 Rosemoor Drive. A. Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Geyer Springs, Wakefield, Upper Baseline and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 6 Rosemoor Drive is located on the west side of Rosemoor Drive, north of Greenfield Drive (north of Gum Springs Road). All surrounding properties are zoned R-2 and contain single family residences. There is a small lake located on the west side (rear) of the property. Benny Craig Park is located east and north of the subdivision. 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 should provide a safe play area. The applicant proposes to operate the day care from 5:00 a.m. to 6:00 p.m., Monday through Friday. 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 Rosemoor Drive, with parking for two (2) vehicles. On inspection of the site, staff observed one (1) vehicle parked on the grass along the south side of the driveway. The applicant has noted plans to widen the driveway to a two -car drive by the end of May, 2004. After widening, staff feels that the driveway will allow sufficient space for drop-off and pick-up of children. Staff observed no vehicles on the site which were not operational. FILE NO.: Z-7618 (Cont. 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 in the process of becoming licensed by the State. The day care use is not yet in operation. The applicant submitted a copy of the Bill of Assurance for this neighborhood, which was recorded in 1963 and appears to still be in effect. The Bill of Assurance contains the following language: 1. 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 single family dwelling not to exceed two 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 follow: 1. This use may be located only in a single family home, occupied by the care giver. 2. Must be operated within licensing procedures established by the State of Arkansas. State regulations shall control the number of employees residing off premises. 3. The use is limited to ten (10) children including the care givers. 4. The minimum to qualify for special use permit is six (6) children from households other than the care givers. 5. This use must obtain a special use permit in all districts where day care centers are not allowed by right. The following additional site and location criteria were 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 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 FILE NO.: Z-7618 (Cont.) 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. 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. Staff knows of no permitted/licensed day care family homes or day care centers within 300 feet (or 750 feet) of the site. C. SUBDIVISION COMMITTEE COMMENT: (APRIL 15, 2004) Carmesha Dickerson was present, representing the application. Staff briefly described the proposed day care use. Staff noted that there was one (1) vehicle parked on the grass next to the driveway when the property was inspected on April 16, 2004. Ms. Dickerson noted that she had plans to extend the driveway to a two -car drive, by the end of May, 2004. The issue was briefly discussed. In response to a question from the Committee, Ms. Dickerson noted that she has lived on the property for six (6) years. She also noted that she 3 FILE NO.: Z-7618 Cont. expected the majority of the children she will care for to be from the neighborhood. After the discussion, the Committee forwarded the application to the full Commission for final action. D. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 6 Rosemoor 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 additional site and location criteria as approved by the Planning Commission on February 12, 2004 and the Board of Directors on March 16, 2004. 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. 5. The driveway must be widened to a two -car drive by the end of May, 2004. PLANNING COMMISSION ACTION: (MAY 6, 2004) Carmesha Dickerson was present, representing the application. There was one (1) person present in opposition and two (2) persons present in support. Staff presented the application with a recommendation of approval. Troy Laha addressed the Commission in opposition. He referred to the Bill of Assurance for the neighborhood, noting that it allowed no commercial uses. He stated that he observed children on the property recently and noted that the day care use appeared to be operating. Mr. Laha asked if the requirement to park on paved surfaces (for approved day care family homes) applied whether or not the day care use was in operation. Staff noted if a day care family home were approved, one of the conditions would be no parking on unpaved surfaces. Staff felt that it would apply any time, before, during or after the approved hours of operation. Carmesha Dickerson addressed the Commission in support of the application. She explained that the driveway would be widened to a two -car driveway by the end of May, 2004. She noted that she 'Nill only own two (2) vehicles, and that one of them will not be on the site during the day care operating hours. 4 FILE NO.: Z-7618 (Cont.) Betty Snyder, of the Geyer Springs Neighborhood Association, addressed the Commission in support of the application. She noted that the association voted to recommend approval of the special use permit. She stated that she did have some concerns with the proposed day care use. Edna Whitehead also addressed the Commission in support of the application. There was a motion to approve the application as recommended by staff. The motion passed by a vote of 10 ayes and 1 nay. The application was approved. 5