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HomeMy WebLinkAboutZ-7708 Staff AnalysisOctober 21, 2004 ITEM NO.: ❑ FILE NO.: Z-� Name: Wilborn Day Care Family Home — Special Use Permit Location: 3 Elrod Drive Owner: Capital Partners, LLC Applicant: Mary Wilborn 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 3 Elrod Drive. A. Public Notification: All owners of property located within 20.0 feet of the site, all residents within 300 feet who could be identified, and the Windamere, Cloverdale and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 3 Elrod Drive is located on the west side of Elrod Drive, north of Baseline Road. Elrod Drive is a short, dead-end street with three (3) single family residences on its west side. There is vacant R-2 and C-3 zoned property to the east across Elrod Drive. There are two (2) commercial buildings to the south at the northeast and northwest corners of Elrod Drive and Baseline Road. There is a large commercial building immediately west at the northeast corner of Geyer Springs and Baseline Roads. The applicant's home is a one-story brick and frame structure, and is typical of those to the north and south. 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 no employees. There is a two -car wide concrete drive from Elrod Drive, with parking for six (6) vehicles including the carport. On inspection of the site, one (1) vehicle was parked in front yard on the grass. The vehicle has since been removed. 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. October 21, 2004 ITEM NO.: D(Cont.-)FILE NO.: Z-7708 The applicant has noted that she has been licensed by the State for a day care family home at this location for three (3) years. The applicant is licensed for the care of up to 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 1969 and appears to still be in effect. The Bill of Assurance appears to address no use issues relevant to this property. The large commercial development immediately to the west is part of this same subdivision. 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. 2 October 21, 2004 ITEM NO.: D (Cont.) FILE NO.: Z-7708 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. 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. C. SUBDIVISION COMMITTEE COMMENT: (AUGUST 19, 2004) Mary Wilborn was present, representing the application. Staff presented the application, describing the proposed day care family home. The specifics of the application were briefly discussed. In response to a question from staff, Ms. Wilborn noted that 3 Elrod Drive is her principal residence. 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 October 21, 2004 ITEM NO.: D Cont.) FILE NO.: Z- D. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 3 Elrod Drive, 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 daylight hours. PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004) Staff informed the Commission that the applicant failed to notify one (1) property owner within 200 feet of the site. Staff recommended the application be deferred. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the October 21, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 7 ayes, 0 nays and 4 absent. The application was deferred. PLANNING COMMISSION ACTION: (OCTOBER 21, 2004) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. Troy Laha addressed the Commission in opposition. He stated that a rezoning of the property to commercial would be more appropriate than a special use permit. The applicant offered no additional comments. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was approved. 4