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HomeMy WebLinkAboutZ-7801 Staff AnalysisFILE NO.: Z-7801 Name: Hunter Day Care Family Home — Special Use Permit Location: 5 Apple Cove Owner: Demetrius Clark and Annette Hunter Applicant: Annette Hunter 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-3 zoned property at 5 Apple Cove. 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 Geyer Springs, Wakefield and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 5 Apple Cove is located on the east side of Apple Cove, south of Ballinger Road. The properties to the north, south and west are also zoned R-3 and contain single family residences. Properties to the east are zoned R-2 and R-5, and contain single family and multifamily 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 partially fenced. The applicant has noted that the remainder of the rear yard will be fenced for a 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, unless specifically required by the State Department of Human Services. There is a one -car wide driveway from Apple Cove, with parking for two (2) vehicles. The applicant is proposing to widen the drive to a two -car width, with parking for four (4) vehicles total. Staff feels that this will allow sufficient space for drop-off and pick-up of children. On inspection of the site, staff observed no vehicles parked on unpaved areas. Staff also observed no vehicles on the site, which were not operational. The applicant is not currently operating a day care use at this location, as she is in the process of becoming licensed by the State DHS. 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 1977 and appears to still be in effect. The Bill of Assurance contains the following language: "(6) Land Use and Building Type. Restricted to single family residential usage only, and no building shall be erected, altered, placed or permitted to remain on any lot other than one single family dwelling not to exceed one and one-half stories in height, and a private garage or carport 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 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. 4 FILE NO.: Z-7801 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. 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: (FEBRUARY 24, 2005) Annette Hunter was present, representing the application. Staff presented the proposed special use permit request. Staff noted that inspection of the property revealed no violations of the ordinance requirements for day care family homes. Staff noted that the proposed day care family home was not located within 300 feet of another day care family home or day care center. Staff explained that the applicant was proposing to widen the driveway to a two -car width. Ms. Hunter asked if brick pavers could be used for the widening. The Committee indicated support for this proposal. After the discussion, the Committee forwarded the application to the full Commission for final action. 3 FILE NO.: Z-7801 (Cont. D. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 5 Apple Cove, 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. If approved, the driveway must be widened to a two -car width within 30 days of the final approval date. 5. The remainder of the rear yard must be fenced within 30 days of the final approval date. PLANNING COMMISSION ACTION: (MARCH 17, 2005) Annette Hunter was present, representing the application. There was one (1) person present in opposition and one (1) person present in support. Staff presented the item and a recommendation of approval. Annette Hunter addressed the Commission in support of the application. She explained that she only intended to care for six (6) children at this location. Ruth Bell also addressed the Commission in support. She noted that the application met City and State requirements. Troy Laha addressed the Commission in opposition. He noted that Annette Hunter was not an owner of the property. He expressed concerns that Ms. Hunter did not have a plan for the day care use. Ms. Hunter noted that she had been director of a day care center in the past. She noted that she had a plan and understood the requirements for a day care family home. She also noted that she had power of attorney for the property which is owned by her son. There was a motion to approve the application as recommended by staff. The motion failed by a vote of 5 ayes, 4 nays and 2 absent. The application was denied. 4 March 17, 2005 ITEM NO.: 2 Cont. FILE NO.: Z-7801 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 1977 and appears to still be in effect. The Bill of Assurance contains the following language: "(6) Land Use and Building Type. Restricted to single family residential usage only, and no building shall be erected, altered, placed or permitted to remain on any lot other than one single family dwelling not to exceed one and one-half stories in height, and a private garage or carport 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 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 March 17, 2005 ITEM NO.: 2 FILE NO.: Z-7801 Name: Hunter Day Care Family Home — Special Use Permit Location: 5 Apple Cove Owner: Demetrius Clark and Annette Hunter Applicant: Annette Hunter 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-3 zoned property at 5 Apple Cove. 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 Geyer Springs, Wakefield and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 5 Apple Cove is located on the east side of Apple Cove, south of Ballinger Road. The properties to the north, south and west are also zoned R-3 and contain single family residences. Properties to the east are zoned R-2 and R-5, and contain single family and multifamily 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 partially fenced. The applicant has noted that the remainder of the rear yard will be fenced for a 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, unless specifically required by the State Department of Human Services. There is a one -car wide driveway from Apple Cove, with parking for two (2) vehicles. The applicant is proposing to widen the drive to a two -car width, with parking for four (4) vehicles total. Staff feels that this will allow sufficient space for drop-off and pick-up of children. On inspection of the site, staff observed no vehicles parked on unpaved areas. Staff also observed no vehicles on the site, which were not operational. The applicant is not currently operating a day care use at this location, as she is in the process of becoming licensed by the State DHS. March 17, 2005 ITEM NO: 2 (Cont.) FILE NO.: Z-7801 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: (FEBRUARY 24, 2005) Annette Hunter was present, representing the application. Staff presented the proposed special use permit request. Staff noted that inspection of the property revealed no violations of the ordinance requirements for day care family homes. Staff noted that the proposed day care family home was not located within 300 feet of another day care family home or day care center. 3 March 17, 2005 ITEM NO.: 2 (Cont.) FILE NO.: Z-7801 Staff explained that the applicant was proposing to widen the driveway to a two -car width. Ms. Hunter asked if brick pavers could be used for the widening. The Committee indicated support for this proposal. After the discussion, the Committee forwarded the application to the full Commission for final action. D. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 5 Apple Cove, 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. If approved, the driveway must be widened to a two -car width within 30 days of the final approval date. 5. The remainder of the rear yard must be fenced within 30 days of the final approval date. PLANNING COMMISSION ACTION: (MARCH 17, 2005) Annette Hunter was present, representing the application. There was one (1) person present in opposition and one (1) person present in support. Staff presented the item and a recommendation of approval. Annette Hunter addressed the Commission in support of the application. She explained that she only intended to care for six (6) children at this location. Ruth Bell also addressed the Commission in support. She noted that the application met City and State requirements. Troy Laha addressed the Commission in opposition. He noted that Annette Hunter was not an owner of the property. He expressed concerns that Ms. Hunter did not have a plan for the day care use. rd