HomeMy WebLinkAboutZ-7647 Staff AnalysisFILE NO.: Z-7647
Owner:
Boyd Day Care Family Home —
Special Use Permit
Location: 3809 Pine Cone Drive
Applicant: Julonda Boyd
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 3809 Pine Cone 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 Upper Baseline and
SWLR United for Progress Neighborhood Associations were notified of the
public hearing.
B. Staff Analysis:
3809 Pine Cone Drive is located on the south side of Pine Cone Drive,
west of Hilaro Springs Road. All surrounding properties are zoned R-2
and contain single family residences. There is undeveloped R-2 zoned
property further to the south and southwest.
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 has a
small play area. The applicant proposes to operate the day care from
5:00 a.m. to 5:00 p.m., Monday through Friday. The applicant has noted
that she will have one (1) employee, her son who also lives in the
residence.
There is a one -car concrete driveway from Pine Cone Drive, with parking
for two (2) vehicles. On inspection of the site, staff observed no vehicles
parked on unpaved area. The applicant has noted that if approved, the
driveway would be widened to a two -car wide drive within 30 days of the
approval date. After widening, the driveway should 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-7647 Cont.
The applicant notes that she has operated a day care family home at this
location since 2000. She has been licensed by the State Department
Human Services for the care of up to 10 children since 2001. At present,
the applicant is caring for 8 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 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 and one-half 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 follows:
Day care family home:
a. This use may be located only in a single family home, occupied by the
care giver and which is the full time residence of the caregiver.
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.
f. 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 a licensed day care center or 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-7647 (Cont.
g. 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.
h. 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 o the annual business tax.
i. All vehicles must be parked on an on-site paved surface.
j. All vehicles located on the site must be operational.
k. 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.
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.
m. 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, the only outstanding issue associated with this
application involves an issue of separation. According to Section 36-
54(e)(3)f. "No Special Use Permit will be approved for a day care family
home proposed to be located within 300 feet of a licensed day care center
or an operating day care family home for which a Special Use Permit has
previously been approved." A day care family home is currently being
operated within the residence located immediately east of this site at 3805
Pine Cone Drive. The day care family home has existed at 3805 Pine
Cone Drive since 1986. The care giver and resident, Earnestine
Freeman, was approved for a special use permit on May 29, 1997.
Therefore, the applicant is requesting a variance to allow the day care
family home within 300 feet of another permitted day care family home.
In keeping with the spirit and intent of the newly established ordinance
criteria, staff cannot support the proposed special use permit. Staff feels
that the two (2) day care family homes located on adjacent property could
have an adverse impact on the immediate area, by creating an amount of
traffic and noise greater than should be allowed in a residential area. To
staff's knowledge, the proposed day care family home would comply with
all other ordinance requirements.
3
FILE NO.: Z-7647(Cont.)
C. SUBDIVISION COMMITTEE COMMENT: (MAY 27, 2004)
Julonda Boyd was present, representing the application. Ernestine
Freeman, of 3805 Pine Cone Drive, was also present. Staff briefly
described the proposed special use permit.
Staff noted that a one -car driveway existed from Pine Cone Drive. Ms.
Boyd noted that if approved, the driveway would be widened to a two -car
wide drive within 30 days of the approval.
In response to a question from the Committee, Ms. Freeman noted that
she had no opposition to the proposed day care use. Staff suggested that
Ms. Boyd meet with the neighbors prior to the public hearing.
After the discussion, the Committee forwarded the issue to the full
Commission for final action.
D. Staff Recommendation:
Staff recommends denial of the requested Special Use Permit.
PLANNING COMMISSION ACTION: (JUNE 17, 2004)
Julonda Boyd and Earnestine Freeman were present, representing the
application. There were two (2) persons present in opposition. There was one
(1) person present in support. Staff presented the application with a
recommendation of denial. Staff noted that the applicant had submitted petitions
of support from the neighborhood.
Julonda Boyd and Earnestine Freeman addressed the Commission in support of
the application. Ms. Freeman explained that she helped Ms. Boyd get her day
care family home started.
Troy Laha addressed the Commission in opposition. He noted that this was a
commercial use located on a residential street. He referred to the new ordinance
requirements related to day care family homes and noted that this applicant
should adhere to those requirements.
Pat Gee, of the Upper Baseline Neighborhood Association, also spoke in
opposition. She noted that the Upper Baseline Neighborhood Association had
voted to oppose the application. She also stated that the new ordinance
requirements should be complied with.
Ms. Freeman stated that Ms. Boyd's day care family home was in operation prior
to the new ordinance standards. The issue was briefly discussed.
4
FILE NO.: Z-7647 (Cont.
There was a general discussion of whether or not the existing day care family
homes (licensed by the State) were notified of the new ordinance requirements at
the time the ordinance amendments were considered. Staff noted that existing
day care family homes were notified of the new ordinance standards after they
were passed.
There was additional discussion regarding the new ordinance separation issue
with respect to existing day care family homes which existed prior to the new
ordinance standards and whether there were other similar situations.
There was also discussion of requiring a time limit on this application, to allow
Ms. Boyd time to find another location and phase out the day care family home at
3809 Pine Cone Drive.
Commissioner Williams noted that the neighbors were in support of the
application. He stated that these types of special use permit applications (day
care family homes which existed prior to the new requirements) should be
reviewed on a case-by-case basis. Cindy Dawson, City Attorney, noted that the
Commission's action on this case would set no precedent for future applications.
In response to a question from the Commission, Ms. Boyd indicated that she
would not like to have a time limit placed on the day care family home. There
was additional discussion of the time limit issue.
There was a motion to approve the application, as filed. The motion failed by a
vote of 2 ayes, 7 nays and 2 absent.
There was discussion of a time limit for the application. Ms. Boyd agreed to a
five (5) year time limit and revised the application accordingly.
There was a motion to expunge the previous vote. The motion passed by a vote
of 9 ayes, 0 nays and 2 absent. The previous vote was expunged.
There was another motion to approve the application, as filed with a five (5)
year time limit. Mr. Laha made additional comments related to the time limit.
The Chairman called for a vote on the motion. The motion passed by a vote of
8 ayes, 1 nay and 2 absent. The revised application was approved.
5
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