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HomeMy WebLinkAboutZ-7619 Staff AnalysisMay 6, 2004 ITEM NO.: 3 FILE NO.: Z-7619 Owner: Watkins Day Care Family Home — Special Use Permit Location: 7716 Burnelle Drive Applicant: Desi M. Watkins 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 7716 Burnelle 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 West Baseline, Chicot and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 7716 Burnelle Drive is located on the north side of Burnelle Drive, approximately 500 feet west of Chicot Road. All surrounding properties are zoned R-2 and contain single family residences. There is a mixture of uses and zoning to the southeast along Chicot 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 should provide a safe play area. The applicant proposes to operate the day care from 6:00 a.m. to 6:00 p.m., Monday through Friday. The applicant has noted that she will have one (1) employee, her daughter, who also lives on the property. There is a one -car concrete driveway from Burnelle Drive, with parking for three (3) vehicles (including a one -car carport). On inspection of the site, staff observed one (1) car parked on a gravel area along the east side of the driveway. The applicant has noted plans to widen the driveway to a two -car drive by the end of June, 2004. After widening, staff feels that the driveway will provide adequate 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.: 3 (Cont.) FILE NO.: Z-7619 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 Department of Human Services. 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 1961 and appears to still be in effect. The Bill of Assurance contains the following language: "(3) LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes. No building of any type shall be erected, altered, placed or permitted to remain on any lot other than one detached, single family dwelling, not to exceed two and one-half (2'/2) stories in height." 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: 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. 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 May 6, 2004 ITEM NO.: 3 (Cont.) FILE NO.: Z-7619 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. 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) Desi Watkins was present, representing the application. Staff gave a brief description of the day care use. Staff noted that there was one (1) vehicle parked on the gravel next to the driveway when the property was inspected on April 6, 2004. Ms. Watkins 41 May 6, 2004 ITEM NO.: 3 (Cont.) FILE NO.: Z-7610 noted that she had plans to enlarge the driveway to a two -car drive, by the end of June, 2004. The issue was briefly discussed. In response to a question from staff, Ms. Watkins noted that the hours of operation would be from 6:00 a.m. to 6:00 p.m., Monday through Friday. 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 7716 Burnelle 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 June, 2004. PLANNING COMMISSION ACTION: (MAY 6, 2004) Desi Watkins was present, representing the application. There were two (2) persons present in opposition and one (1) present in support. Staff presented the application with a recommendation of approval. Commissioner Floyd indicated that the church at the southwest corner of Chicot Road and Woodhaven Drive (within 300 feet of the property) might contain a day care use. Dana Carney, of the Planning Staff, noted that staff's records (based on information supplied by the State Department of Human Services) indicated no day care use on the church property. He stated that he would not want the issue to proceed without this issue being resolved. He noted that the application could 2 May 6, 2004 ITEM NO.: 3 Cont. FILE NO.: Z-7619 be deferred to allow staff time to determine if a day care use existed on the church property. The issue was briefly discussed. There was additional discussion regarding approving the application with a condition that there be no licensed day care use within 300 feet. The Commission determined to proceed with the application. Desi Watkins addressed the Commission in support of the application. Commissioner Adcock asked Ms. Watkins if she owned the property. Ms. Watkins stated that she rented the house, and that she had permission from the property owner to file the application. Ruth Bell addressed the Commission in support of the application. Jane Harrison spoke in opposition on behalf of the West Baseline Neighborhood Association. Troy Laha also addressed the Commission in opposition. There was a motion to approve the special use permit as recommended by staff. The motion passed by a vote of 10 ayes and 1 nay. The application was approved. 5 FILE NO.: Z-761 Owner: Watkins Day Care Family Home — Special Use Permit Location: 7716 Burnelle Drive Applicant: Desi M. Watkins 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 7716 Burnelle 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 West Baseline, Chicot and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 7716 Burnelle Drive is located on the north side of Burnelle Drive, approximately 500 feet west of Chicot Road. All surrounding properties are zoned R-2 and contain single family residences. There is a mixture of uses and zoning to the southeast along Chicot 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 should provide a safe play area. The applicant proposes to operate the day care from 6:00 a.m. to 6:00 p.m., Monday through Friday. The applicant has noted that she will have one (1) employee, her daughter, who also lives on the property. There is a one -car concrete driveway from Burnelle Drive, with parking for three (3) vehicles (including a one -car carport). On inspection of the site, staff observed one (1) car parked on a gravel area along the east side of the driveway. The applicant has noted plans to widen the driveway to a two -car drive by the end of June, 2004. After widening, staff feels that the driveway will provide adequate space for drop-off and pick-up of children. Staff observed no vehicles on the site which were not operational. FILE NO.: Z-7619 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 Department of Human Services. 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 1961 and appears to still be in effect. The Bill of Assurance contains the following language: "(3) LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes. No building of any type shall be erected, altered, placed or permitted to remain on any lot other than one detached, single family dwelling, not to exceed two and one-half (2'/2) stories in height." 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: 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. 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 LE NO.: Z-7619 (Cont. 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. 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. 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) Desi Watkins was present, representing the application. Staff gave a brief description of the day care use. Staff noted that there was one (1) vehicle parked on the gravel next to the driveway when the property was inspected on April 6, 2004. Ms. Watkins noted that she had plans to enlarge the driveway to a two -car drive, by the end of June, 2004. The issue was briefly discussed. 3 FILE NO.: Z-7619 Cont.) In response to a question from staff, Ms. Watkins noted that the hours of operation would be from 6:00 a.m. to 6:00 p.m., Monday through Friday. 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 7716 Burnelle 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 June, 2004. PLANNING COMMISSION ACTION: (MAY 6, 2004) Desi Watkins was present, representing the application. There were two (2) persons present in opposition and one (1) present in support. Staff presented the application with a recommendation of approval. Commissioner Floyd indicated that the church at the southwest corner of Chicot Road and Woodhaven Drive (within 300 feet of the property) might contain a day 16TOOxf&1#3 Dana Carney, of the Planning Staff, noted that staff's records (based on information supplied by the State Department of Human Services) indicated no day care use on the church property. He stated that he would not want the issue to proceed without this issue being resolved. He noted that the application could be deferred to allow staff time to determine if a day care use existed on the church property. The issue was briefly discussed. There was additional discussion regarding approving the application with a condition that there be no licensed day care use within 300 feet. The Commission determined to proceed with the application. 4 FILE NO.: Z-7619 Desi Watkins addressed the Commission in support of the application. Commissioner Adcock asked Ms. Watkins if she owned the property. Ms. Watkins stated that she rented the house, and that she had permission from the property owner to file the application. Ruth Bell addressed the Commission in support of the application. Jane Harrison spoke in opposition on behalf of the West Baseline Neighborhood Association. Troy Laha also addressed the Commission in opposition. There was a motion to approve the special use permit as recommended by staff. The motion passed by a vote of 10 ayes and 1 nay. The application was approved. 5