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HomeMy WebLinkAboutZ-7678 Staff AnalysisJuly 29, 2004 ITEM NO.: 12 FILE NO.: Z-7678 Name: Dean Day Care Family Home — Special Use Permit Location: 9517 John Hancock Road Owner: Joe W. Dean Applicant: Patrice Dean 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 9517 John Hancock Road. 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 Anal sis: 9517 John Hancock Road is located at the southeast corner of John Hancock Road and Patrick Henry Road. All surrounding properties are zoned R-2 and contain single family residences. 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 6:30 p.m., Monday through Friday. The applicant has noted that she has one (1) employee who lives elsewhere. There is a one -car wide concrete driveway from John Hancock Road, with parking for three (3) vehicles (including the carport). On inspection of the site, staff observed one (1) vehicle parked in the yard which the applicant moved. 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. July 29, 2004 ITEM NO.: 12 _(Cont,)_ FILE NO.: Z-7678 The applicant notes that she has been licensed by the State and has operated a day care family home at this location since 2000. The applicant is licensed to care for nine (9) children. The applicant has been keeping children in her home since 1987. 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 1965. Staff is unsure whether the Bill of Assurance is still in effect, as the County could not supply a legible copy of it. 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 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. 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. 4 July 29, 2004 ITEM NO.: 12 (Cont.) FILE NO.: Z-7678 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 to 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 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. Based on information provided by the State, there are no permitted/licensed day care family homes or day care centers within 300 feet of the site. On July 15, 2004, Staff received a call of opposition from Pat Gee, president of the Upper Baseline Neighborhood Association. Several letters of support have been received from neighbors. The letters are attached for Planning Commission review. C. SUBDIVISION COMMITTEE COMMENT: (JULY 8, 2004) Patrice Dean was present, representing the application. Staff presented the application, describing the proposed day care family home. The specifics of the application were briefly discussed. The issue of widening the driveway was briefly discussed. Ms. Dean noted that the driveway would be widened in 30 days if the special use permit is approved. Staff noted that the proposed day care family home use would conform to the requirements found in Section 36-54(e)(3) of the City's Zoning Ordinance, as noted in paragraph B. of this report. After the discussion, the Committee forwarded the issue to the full Commission for final action. 3 July 29, 2004 ITEM NO.: 12 Cont. FILE NO.: Z-7678 D. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 9517 John Hancock Road, subject to the following conditions: 1. Compliance with the site and location criteria established in Section 36-54(e)(3). 2. There is to be no signage beyond that permitted in single family zones. 3. Outdoor activities, including playground use, are to be limited to day -light hours. 4. The driveway must be widened to a two -car wide drive by the end of August, 2004. PLANNING COMMISSION ACTION: (JULY 29, 2004) Patrice Dean was present, representing the application. There was one (1) objector present. Staff presented the application with a recommendation of approval. Patrice Dean addressed the Commission in support of the application. She noted that she had lived at 9517 John Hancock Road for 20 years, and that property values had increased during that time. In response to questions from Commissioner Lowry, Ms. Dean noted that 9517 John Hancock Road was her principal residence, she would have one (1) employee (her daughter), and that her hours of operation would be 6:00 a.m. to 6:30.p.m., Monday through Friday. Pat Gee, of the Upper Baseline Neighborhood Association, spoke in opposition. She noted that on July 13, 2004 her association voted to oppose the application She expressed concerns with businesses being operated in residential areas. She expressed concerns with the appearance of the property. Chairman Rahman asked about the distance between this property and the day care family homes on Pine Cone Drive. Staff noted that there was 500 to 600 feet of separation. Commissioner Floyd asked how many of the Upper Baseline Neighborhood Association members live south of Baseline Road. Ms. Gee responded that approximately half lived south of Baseline Road. Commissioner Meyer asked about building materials in the yard and under the carport. Ms. Dean described the items, noting that they would be removed. She noted that she parked her car in the carport. 4 July 29, 2004 ITEM NO.: 12 {Cont.} FILE NO.: Z-7678 There was a motion to approve the application, as recommended by staff. The motion passed by a vote of 9 ayes, 1 nay and 1 absent. The application was approved.