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HomeMy WebLinkAboutZ-7741 Staff AnalysisFebruary 3, 2005 ITEM NO.: E FILE NO.: Z-7741 Name: Whitmore Day Care Family Home — Special Use Permit Location: 8500 Herrick Lane Owner: Pat Stalter Applicant: Carolyn Whitmore 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 8500 Herrick Lane. 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 SWLR United for Progress and Town and Country Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 8500 Herrick Lane is located on the north side of Herrick Lane, north of Baseline Road. All surrounding properties are zoned R-2. Single Family residences are located to the south, east and west. Undeveloped property is located to the north. _ The applicant's home is a one-story brick and frame structure, and is typical of those in this neighborhood. The rear yard is fenced and should provide a safe play area. The applicant proposes to operate the day care family home 24 hours a day, seven (7) days per week. The applicant has noted that there will be two (2) full-time employees and one (1) part-time nurse. The applicant, Carolyn Whitmore, will not live on the site. One (1) of the full-time employees will live in the residence. There are two (2) concrete drives from Herrick Lane, with parking for 6 to 7 vehicles. On inspection of the site, staff observed no vehicles parked on unpaved area. The driveways should allow sufficient space for drop-off and pick-up of children. Staff observed no vehicles on the site which were not operational. February 3, 2005 ITEM NO.: E Cont. FILE NO.: Z-7741 The applicant notes that she has been licensed by the State Department of Human Services since February 2004. The applicant is licensed to care for up to five (5) 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: 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. 2 February 3, 2005 ITEM NO.: E Cont. FILE NO.: Z-7741 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. The applicant is requesting two (2) variances with the proposed day care family home. The first variance is from Section 36-54(e)(3)a. of the above listed site and location criteria. As noted previously, the applicant and proposed licensed care giver does not live at 8500 Herrick Lane. The second variance is from Section 36-54(e)(3)f of the site and location criteria. The property at 8500 Herrick Lane is located less than 300 feet (as measured from property line to property line) from a licensed day care family home at 8605 Herrick Lane. Adrian and Faye Hunter at 8605 Herrick Lane were recently issued a Special Use Permit by the Planning Commission. Staff does not support the requested Special Use Permit to allow a day care family home at 8500 Herrick Lane. Staff has several concerns related to this request. Staff feels that the requested variances violate the spirit and intent of the newly established ordinance criteria for day care family homes. The proposed location is approximately 180 feet from the Hunter's day care family home at 8605 Herrick Lane. Additionally, staff is K February 3, 2005 ITEM NO.: E FILE NO_: Z-7741 very concerned about the proposed 24-hour operation. Staff feels that a 24-hour operation, with multiple employees violates the City Ordinance's intent in locating this type of home day care use in single family neighborhoods. Staff feels that the proposed day care use will not be compatible with surrounding residences. C. SUBDIVISION COMMITTEE COMMENT (NOVEMBER 11, 2004) Natalie Hughes was present, representing the application. Staff briefly described the proposed day care family home use. In response to a question from the Committee, Ms. Hughes explained that there will be two (2) employees the first two (2) shifts, with one (1) employee the 11:00 p.m. — 7:00 a.m. shift. She noted that the State has licensed the day care use for five (5) children at 8500 Herrick Lane for approximately six (6) months. There was a brief discussion related to the number of children and the proposed hours of operation. The Committee asked if the neighbors had been talked to regarding the proposed day care use. Ms. Hughes indicated that they had not, but the required notices to property owners would be mailed. Staff noted that variances would be requested from the 300 foot separation requirement and the requirement for the licensed care giver to live in the day care family home. The variances were briefly discussed. After the discussion, the Committee forwarded the application to the full Commission for final action. D. Staff Recommendation: Staff recommends denial of the requested Special Use Permit. PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) The applicant requested to defer the application to the February 3, 2004 Agenda, based on the fact that the number of commissioners present dropped to seven (7) during the course of the meeting. The Commission offered the deferral to all applicants. A motion was made to defer the application to the February 3, 2004 Agenda. The motion passed by a vote of 7 ayes, 0 nays and 4 absent. The application was deferred. C! February 3, 2005 ITEM NO.: E (Co FILE NO.: Z-7741 PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005) Carolyn Whitmore was present, representing the application. There were two (2) objectors present. Staff presented the item with a recommendation of denial. Staff noted that Ms. Whitmore had amended the proposed hours of operation to be 6:00 a.m. to midnight, seven (7) days per week. Staff also noted that Ms. Covington, the resident of 8500 Herrick Lane, had applied for her license from the State DHS. Carolyn Whitmore addressed the Commission in support of the application. She explained that she was trying to increase the number of children that she could care for at this location. She noted that she currently cares for five (5) children, but occasionally had "drop -ins" which made the number go beyond that. She briefly discussed the hours of operation. She noted that she was trying to accommodate the parents who worked at night. She also explained that she was trying to find a location to open a day care center. Commissioner Allen asked Ms. Whitmore's relation to Ms. Covington. Ms. Whitmore noted that they were sisters. The issue of Ms. Whitmore finding a location properly zoned for a day care center was briefly discussed. Chairman Rahman asked about the need for four (4) employees. Ms. Whitmore explained that she really didn't need four (4) employees. She stated that one (1) was a volunteer. Janet Berry addressed the Commission in opposition. She explained that this single family area west of the Highway Department was a small, fragile neighborhood. She noted that 8500 Herrick Lane was located at the back of the neighborhood, and all of the traffic generated would have to drive through'the neighborhood to get there. She also noted that the proposed day care use did not conform to current ordinance requirements. Troy Laha also addressed the Commission in opposition. He noted that the property is in a flood zone, and that there was possibly a hazardous electrical meter loop in the rear yard. Ms. Whitmore made additional statements related to the proposed day care use. She noted that children are dropped -off during various hours of the day. Commissioner Adcock asked if Ms. Whitmore owned the property at 8500 Herrick Lane. Ms. Whitmore stated that she did not own the property, but had permission from the property owner. There was a motion to approve the application as filed. The motion failed by a vote of 2 ayes, 8 nays and 1 absent. The application was denied. 5 December 16, 2004 ITEM NO.: 1 FILE NO.: Z-7741 Name: Whitmore Day Care Family Home — Special Use Permit Location: 8500 Herrick Lane Owner: Pat Stalter Applicant: Carolyn Whitmore 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 8500 Herrick Lane. 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 SWLR United for Progress and Town and Country Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 8500 Herrick Lane is located on the north side of Herrick Lane, north of Baseline Road. All surrounding properties are zoned R-2. Single Family residences are located to the south, east and west. Undeveloped property is located to the north. The applicant's home is a one-story brick and frame structure, and is typical of those in this neighborhood. The rear yard is fenced and should provide a safe play area. The applicant proposes to operate the day care family home 24 hours a day, seven (7) days per week. The applicant has noted that there will be two (2) full-time employees and one (1) part-time nurse. The applicant, Carolyn Whitmore, will not live on the site. One (1) of the full-time employees will live in the residence. There are two (2) concrete drives from Herrick Lane, with parking for 6 to 7 vehicles. On inspection of the site, staff observed no vehicles parked on unpaved area. The driveways should allow sufficient space for drop-off and pick-up of children. Staff observed no vehicles on the site which were not operational. December 16, 2004 ITEM NO.: 1 (Cont. FILE NO.: Z-7741 The applicant notes that she has been licensed by the State Department of Human Services since February 2004. The applicant is licensed to care for up to five (5) 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: 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. 2 December 16, 2004 VWLAK01Lem WISTe o a FILE NO.: Z-7741 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. The applicant is requesting two (2) variances with the proposed day care family home. The first variance is from Section 36-54(e)(3)a. of the above listed site and location criteria. As noted previously, the applicant and proposed licensed care giver does not live at 8500 Herrick Lane. The second variance is from Section 36-54(e)(3)f of the site and location criteria. The property at 8500 Herrick Lane is located less than 300 feet (as measured from property line to property line) from a licensed day care family home at 8605 Herrick Lane. Adrian and Faye Hunter at 8605 Herrick Lane were recently issued a Special Use Permit by the Planning Commission. Staff does not support the requested Special Use Permit to allow a day care family home at 8500 Herrick Lane. Staff has several concerns related to this request. Staff feels that the requested variances violate the spirit and intent of the newly established ordinance criteria for day care family homes. The proposed location is approximately 180 feet from the Hunter's day care family home at 8605 Herrick Lane. Additionally, staff is 3 December 16, 2004 ITEM NO.: 1 (Cont.) FILE NO.: Z-7741 very concerned about the proposed 24-hour operation. Staff feels that a 24-hour operation, with multiple employees violates the City Ordinance's intent in locating this type of home day care use in single family neighborhoods. Staff feels that the proposed day care use will not be compatible with surrounding residences. C. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 11, 2004) Natalie Hughes was present, representing the application. Staff briefly described the proposed day care family home use. In response to a question from the Committee, Ms. Hughes explained that there will be two (2) employees the first two (2) shifts, with one (1) employee the 11:00 p.m. — 7:00 a.m. shift. She noted that the State has licensed the day care use for five (5) children at 8500 Herrick Lane for approximately six (6) months. There was a brief discussion related to the number of children and the proposed hours of operation. The Committee asked if the neighbors had been talked to regarding the proposed day care use. Ms. Hughes indicated that they had not, but the required notices to property owners would be mailed. Staff noted that variances would be requested from the 300 foot separation requirement and the requirement for the licensed care giver to live in the day care family home. The variances were briefly discussed. After the discussion, the Committee forwarded the application to the full Commission for final action. D. Staff Recommendation: Staff recommends denial of the requested Special Use Permit. PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) The applicant requested to defer the application to the February 3, 2004 Agenda, based on the fact that the number of commissioners present dropped to seven (7) during the course of the meeting. The Commission offered the deferral to all applicants. A motion was made to defer the application to the February 3, 2004 Agenda. The motion passed by a vote of 7 ayes, 0 nays and 4 absent. The application was deferred. 4