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HomeMy WebLinkAboutZ-7672 Staff AnalysisJuly 29, 2004 ITEM NO.: 7 FILE NO.: Z-7672 Name: Britton Day Care Family Home — Special Use Permit Location: 8701 Verbena Drive Owner: Terell Dean Applicant: Nikitia Britton Proposal: A Special Use Permit is requested to allow a Day Care Family to be operated in the single family residence located on the R-2 zoned property at 8701 Verbena 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 Cloverdale and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 8701 Verbena Drive is located on the east side of Verbena Drive, north of Baseline Road. All surrounding properties are zoned R-2. There are single family residences to the north, south and west. There are single family residences, a day care center and a church to the east along Oman Road. The applicant's home is a one-story brick and frame structure, and is typical of those in the area. The applicant proposes to operate the day care from 6:00 a.m. to 7:00 p.m., Monday through Friday. The applicant has noted that she has one (1) employee who lives elsewhere and comes in at 2:00 p.m. There is a one -car wide concrete driveway from Verbena Drive, with a concrete extension. There is parking for four (4) vehicles, including the garage. On inspection of the site, staff observed no vehicles parked on unpaved area. 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. July 29, 2004 ITEM NO.: 7 (Cont.) FILE NO_: Z-7672 The applicant notes that she has been licensed by the State for one (1) year for a day care family home at this location. The applicant is licensed to care for 10 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 appears to address no use issues. 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 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. 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 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. 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. 2 July 29, 2004 ITEM NO.: 7 Cont. FILE NO.: Z-7672 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 of 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. I. 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 staffs 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 licensed day care center is currently being operated on the property immediately to the east, along Oman Road. This day care center has existed for a number of years. Therefore, the applicant is requesting a variance to allow the day care family home within 300 feet of a permitted day care center. 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 uses 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 staffs knowledge, the proposed day care family home would comply with all other ordinance requirements. 3 July 29, 2004 ITEM NO.: 7 Cont. FILE NO.: Z-7572 C. SUBDIVISION COMMITTEE COMMENT: (JULY 8, 2004) Nikitia Britton was present, representing the application. Staff described the proposed day care family home use. The day care family home requirements with respect to this application were briefly discussed. Staff noted that there was a day care center located on the property immediately east, and that the applicant had.requested a variance from the separation requirement. This issue was briefly discussed. 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: (JULY 29, 2004) Nikitia Britton was present, representing the application. There were five (5) objectors present. Staff presented the application with a recommendation of denial. Nikitia Britton addressed the Commission in support of the application. With reference to the separation issue, Ms. Britton explained that her day care family home was in operation prior to the current ordinance criteria. Commissioner Lowry noted that in a previous similar case on Pine Cone Drive the Commission approved the day care family home with a five (5) year time limit. The issue of a time limit was briefly discussed. Mr. Lowry asked Ms. Britton if she would limit the day care family home to five (5) years. Ms. Britton explained that she is trying to move the day care out of the residence to a different location. There was additional discussion of the time limit issue. Ms. Britton agreed to a five (5) year time limit and amended the application accordingly. Commissioner Adcock asked how long the day care family home has been at this location. Ms. Britton stated that she has been in operation since May, 2003. There was a brief discussion of this issue. Troy Laha addressed the Commission in opposition to the application. He presented the Commission with a petition of opposition. He expressed concern that Ms. Britton did not live at 8701 Verbena Drive. He explained that day care uses are detrimental to residential areas. 4 July 29, 2004 ITEM NO.: 7 (Cont.) FILE NO.: Z-7672 Kathleen Oleson, of the League of Women Voters; also addressed the Commission in opposition. She expressed concern with the 300 -foot separation variance. Edna Schoemaker also spoke in opposition. She described the Cloverdale neighborhood. She explained that single family residences were not appropriate locations for day care uses, and explained her concerns with them. Janet Berry, of SWLR United for Progress, also spoke in opposition. She asked the Commission to uphold the ordinance criteria and not allow the separation variance. She also expressed concerns with day care family homes having employees. Marvis Hayes also addressed the Commission in opposition, expressing concerns with day care family homes in residential areas. Commissioner Lowry asked about the applicant's previous application. Staff explained that it was for a day care center on 20 Street. Commissioner Lowry asked Ms. Britton if 8701 Verbena Drive was her principal residence. Ms. Britton responded that it was. She also explained that her employee is her sister who helps her if she needs to leave the residence. There was additional brief discussion of these issues, as well as the day care use. There was a motion to approve the application, as amended by Ms. Britton to provide a five (5) year time limit. The motion failed by a vote of 4 ayes, 6 nays and 1 absent. The application was denied. FILE NO.: Z-7672 Name: Britton Day Care Family Home — Special Use Permit Location: 8701 Verbena Drive Owner: Terell Dean Applicant: Nikitia Britton Proposal: A Special Use Permit is requested to allow a Day Care Family to be operated in the single family residence located on the R-2 zoned property at 8701 Verbena 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 Cloverdale and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Staff' Analysis: 8701 Verbena Drive is located on the east side of Verbena Drive, north of Baseline Road. All surrounding properties are zoned R-2. There are single family residences to the north, south and west. There are single family residences, a day care center and a church to the east along Oman Road. The applicant's home is a one-story brick and frame structure, and is typical of those in the area. The applicant proposes to operate the day care from 6:00 a.m. to 7:00 p.m., Monday through Friday. The applicant has noted that she has one (1) employee who lives elsewhere and comes in at 2:00 p.m. There is a one -car wide concrete driveway from Verbena Drive, with a concrete extension. There is parking for four (4) vehicles, including the garage. On inspection of the site, staff observed no vehicles parked on unpaved area. 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. LE NO.: Z-7672 (Cont. The applicant notes that she has been licensed by the State for one (1) year for a day care family home at this location. The applicant is licensed to care for 10 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 appears to address no use issues. 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 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. f. 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 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. 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 of the annual business tax. 2 FILE NO.: Z-7672 (Cont. 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. I. 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 staffs 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 licensed day care center is currently being operated on the property immediately to the east, along Oman Road. This day care center has existed for a number of years. Therefore, the applicant is requesting a variance to allow the day care family home within 300 feet of a permitted day care center. 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 uses 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. C. SUBDIVISION COMMITTEE COMMENT: (JULY 8, 2004) Nikitia Britton was present, representing the application. Staff described the proposed day care family home use. The day care family home requirements with respect to this application were briefly discussed. 3 FILE NO.: Z-7672(Cont.) Staff noted that there was a day care center located on the property immediately east, and that the applicant had requested a variance from the separation requirement. This issue was briefly discussed. 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: (JULY 29, 2004) Nikitia Britton was present, representing the application. There were five (5) objectors present. Staff presented the application with a recommendation of denial. Nikitia Britton addressed the Commission in support of the application. With reference to the separation issue, Ms. Britton explained that her day care family home was in operation prior to the current ordinance criteria. Commissioner Lowry noted that in a previous similar case on Pine Cone Drive the Commission approved the day care family home with a five (5) year time limit. The issue of a time limit was briefly discussed. Mr. Lowry asked Ms. Britton if she would limit the day care family home to five (5) years. Ms. Britton explained that she is trying to move the day care out of the residence to a different location. There was additional discussion of the time limit issue. Ms. Britton agreed to a five (5) year time limit and amended the application accordingly. Commissioner Adcock asked how long the day care family home has been at this location. Ms. Britton stated that she has been in operation since May, 2003. There was a brief discussion of this issue. Troy Laha addressed the {Commission in opposition to the application. He presented the Commission with a petition of opposition. He expressed concern that Ms. Britton did not live at 8709 Verbena Drive. He explained that day care uses are detrimental to residential areas. Kathleen Oleson, of the League of Women Voters, also addressed the Commission in opposition. She expressed concern with the 300 -foot separation variance. Edna Schoemaker also spoke in opposition. She described the Cloverdale neighborhood. She explained that single family residences were not appropriate locations for day care uses, and explained her concerns with them. Janet Berry, of SWLR United for Progress, also spoke in opposition. She asked the Commission to uphold the ordinancf: criteria and not allow the separation L! FILE NO.: Z-7672 (Cont. variance. She also expressed concerns with day care family homes having employees. Marvis Hayes also addressed the Commission in opposition, expressing concerns with day care family homes in residential areas. Commissioner Lowry asked about the applicant's previous application. Staff explained that it was for a day care center on 20 Street. Commissioner Lowry asked Ms. Britton if 8701 Verbena Drive was her principal residence. Ms. Britton responded that if was. She also explained that her employee is her sister who helps her if she needs to leave the residence. There was additional brief discussion of these issues, as well as the day care use. There was a motion to approve the application, as amended by Ms. Britton to provide a five (5) year time limit. The motion failed by a vote of 4 ayes, 6 nays and 1 absent. The application was denied. 5