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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 lova-0o-j �-4' (j) U) =r 3 0) SI) -avgw o �-0 m �� m o -°a �h� -D 3 O < Q. 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