Loading...
HomeMy WebLinkAboutZ-7911 Staff AnalysisOctober 13, 2005 ITEM NO.: H FILE NO.: Z-7911 Name: William Day Care Family Home — Special Use Permit Location: 6115 Lyndell Drive Applicant: Katherine Williams Owner: Dr. Doyle Richard Johnson 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 6115 Lyndell Drive. 0 Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Wakefield, Geyer Springs, Upper Baseline and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 6115 Lyndell Drive is located on the east side of Lyndell Drive, south of Ballinger Road. All surrounding properties are zoned R-2 and contain single family residences. There are multifamily developments located further east and south along Butler Road, with a state licensed day care center approximately 230 feet to the southeast at 6310 Butler Road. The applicant's home is one-story brick and frame structure, and is typical of those in the area. The applicant proposes to operate the day care family home from 6:00 a.m. to 6:00 p.m., Monday through Friday. The applicant has noted that she will have no employees. She will have a back-up person to care for the children if she is unavailable (illness, out of town, etc.). There is a one -car wide concrete driveway from Lyndell Drive, with parking for three (3) vehicles, including the carport. The driveway should allow sufficient space for drop-off and pick-up of children. On inspection of the property, staff observed no vehicles parked on unpaved area. Staff also observed no vehicles on the site which were not operational. The rear yard is fenced and should provide a safe play area. The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. October 13, 2005 ITEM NO.: H (Cont.) FILE NO.: Z-7911 Pulaski County Circuit Clerk personnel were unable to locate a Bill of Assurance for this neighborhood. There is no day care use currently being operated at this location. The applicant is in the process of becoming licensed by the State Department of Human Services. 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. 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 October 13, 2005 ITEM NO.: H (Cont. FILE NO.: Z-7911 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, 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 to the southeast at 6310 Butler 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 within 300 feet of each other 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. C. SUBDIVISION COMMITTEE COMMENT: (AUGUST 11, 2005) Katherine Williams was present, representing the application. Staff briefly described the proposed day care family home use, outlining the applicant's proposal. Staff noted that there was an existing licensed day care center 3 October 13, 2005 ITEM NO.: H FILE NO.: Z-7911 approximately 230 feet to the southeast at 6310 Butler Road. Staff noted the applicant would need to request a variance from Section 36-54(e)(3)f. for the reduced separation. Ms. Williams indicated she would submit a letter to staff requesting the variance. The separation 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: (SEPTEMBER 1, 2005) Staff informed the Commission that the application needed to be deferred to the October 13, 2005 Agenda due to the fact that the applicant failed to complete the notification of surrounding property owners as required. The item was placed on the Consent Agenda and deferred. The vote was 11 ayes and 0 nays. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) Katherine Williams was present, representing the application. There was one (1) person present in opposition. Staff presented the application with a recommendation of denial. Katherine Williams addressed the Commission in support of the application. She explained that traffic should not be a problem due to the fact that the traffic to the day care center on Butler Road will not have to come down her street (Lyndell Drive). She stated that she was currently caring for less than five (5) children. Troy Laha addressed the Commission in opposition. He stated opposition to the separation variance. He noted that there was a Bill of Assurance for the neighborhood. In response to a question from staff, Ms. Williams noted that she will have to hire one (1) employee if she has 10 children, as required by the State. 4 October 13, 2005 ITEM NO.: H (Cont.) FILE NO.: Z-7911 There was a brief discussion regarding the separation issue. Ms. Williams stated the day care center on Butler Road could not be seen from her property. There was additional discussion of the separation issue and how the separation is measured. There was a motion to approve the Special Use Permit, subject to compliance with the conditions as noted in paragraph B. of the agenda staff report. The motion failed by a vote of 3 ayes and 8 nays. The application was denied. 10 September 1, 2005 M NO.: 1 FILE NO.: Z-7911 Name: William Day Care Family Home — Special Use Permit Location: 6115 Lyndell Drive Applicant: Katherine Williams Owner: Dr. Doyle Richard Johnson 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 6115 Lyndell 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 Wakefield, Geyer Springs, Upper Baseline and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 6115 Lyndell Drive is located on the east side of Lyndell Drive, south of Ballinger Road. All surrounding properties are zoned R-2 and contain single family residences. There are multifamily developments located further east and south along Butler Road, with a state licensed day care center approximately 230 feet to the southeast at 6310 Butler Road. The applicant's home is one-story brick and frame structure, and is typical of those in the area. The applicant proposes to operate the day care family home from 6:00 a.m. to 6:00 p.m., Monday through Friday. The applicant has noted that she will have no employees. She will have a back-up person to care for the children if she is unavailable (illness, out of town, etc.). There is a one -car wide concrete driveway from Lyndell Drive, with parking for three (3) vehicles, including the carport. The driveway should allow sufficient space for drop-off and pick-up of children. On inspection of the property, staff observed no vehicles parked on unpaved area. Staff also observed no vehicles on the site which were not operational. The rear yard is fenced and should provide a safe play area. The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. September 1, 2005 ITEM NO.: 1 (Cont.) FILE NO.: Z-7911 Pulaski County Circuit Clerk personnel were unable to locate a Bill of Assurance for this neighborhood. There is no day care use currently being operated at this location. The applicant is in the process of becoming licensed by the State Department of Human Services. 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 September 1, 2005 ITEM NO.: 1 (Cont.) FILE NO.: Z-7911 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. 1. 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, 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 to the southeast at 6310 Butler 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 within 300 feet of each other 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-. (AUGUST 11, 2005) Katherine Williams was present, representing the application. Staff briefly described the proposed day care family home use, outlining the applicant's proposal. Staff noted that there was an existing licensed day care center 3 September 1, 2005 ITEM NO.: 1 (Cont. FILE NO.: Z-7911 approximately 230 feet to the southeast at 6310 Butler Road. Staff noted the applicant would need to request a variance from Section 36-54(e)(3)f. for the reduced separation. Ms. Williams indicated she would submit a letter to staff requesting the variance. The separation 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: (SEPTEMBER 1, 2005) Staff informed the Commission that the application needed to be deferred to the October 13, 2005 Agenda due to the fact that the applicant failed to complete the notification of surrounding property owners as required. The item was placed on the Consent Agenda and deferred. The vote was 11 ayes and 0 nays. 4