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HomeMy WebLinkAboutZ-7912 Staff AnalysisOctober 13, 2005 ITEM NO.: I FILE NO.: Z-7912 Name: Colclough Day Care Family Home — Special Use Permit Location: 7424 West 40th Street Applicant: Willie Faye Colclough Owner: Willie Faye Colclough Proposal: A Special Use Permit is requested to allow a Day Care Family Home to be operated in the single family residence located op the R-3 zoned property at 7424 West 40t Street. 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 Westwood and John Barrow Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 7424 West 40th Street is located at the northeast corner of West 40th Street and Wilder Street. All surrounding properties are zoned R-3. There are single family residences located to the north, east and west. Wilson Elementary School is located across West 40th Street to the south at the southeast corner of West 40th Street and Stannus Street (4015 Stannus Street). The school contains an early childhood education program which is a day care use licensed by the State Department of Human Services. The applicant's home is a one-story frame structure, and is typical of those in the area. The applicant proposes to operate the day care family home from 3:00 p.m. to midnight, Monday through Friday. The applicant notes that she will have no employees. There is a gravel driveway (with concrete apron) from West 40th Street, with gravel parking for four (4) vehicles at the southeast corner of the residence. Section 36-54(e)(3)i of the City's Zoning Ordinance (site and location criteria for day care family homes) requires that all vehicles be parked on on-site paved area. The applicant is requesting a variance from this ordinance standard to allow the continued use of the gravel parking area. October 13, 2005 FILE NO.: Z - On inspection of the property, staff observed two (2) vehicles parked in the existing gravel parking area. Staff 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. The applicant submitted a copy of a very old, handwritten, Bill of Assurance for this neighborhood. The Bill of Assurance document is not legible. 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. 2 October 13, 2005 ITEM NO.: I (Cont.) FILE NO.: Z-7912 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. 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 within the Wilson Elementary School campus located directly to the south across West 40tH Street (southeast corner of West 40th Street and Stannus Street). 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 on adjacent property 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. 3 October 13, 2005 ITEM NO.: I (Cont. FILE NO.: Z-7912 Staff is also concerned with possible safety issues related to the use of a gravel parking area for a day care use. Additionally, staff feels that the night hours proposed by the applicant are inappropriate for an in-home day care use within a single family subdivision. Staff feels that this type of day care use should operate during day time hours. To staff's knowledge, the proposed day care family home would comply with all other ordinance requirements. C. SUBDIVISION COMMITTEE COMMENT: (AUGUST 11, 2005) Willie Faye Colclough 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 use within the Wilson Elementary School campus, located directly across West 40th Street to the south. Staff noted the applicant would need to request a variance from Section 36-54(e)(3)f. for the reduced separation. Ms. Colclough indicated she would submit a letter to staff requesting the variance. The separation issue was briefly discussed. Staff also noted that the driveway and parking at the southeast corner of the property was gravel. The parking/paving requirements for day care family homes were briefly discussed. Ms. Colclough indicated that she would request a variance for continued use of the gravel parking area. 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 applicant requested the application be deferred to the October 13, 2005 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred. The vote was 11 ayes and 0 nays. 2 October 13, 2005 TEM NO.- I (Cont. FILE NO.: Z-7912 PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) Staff informed the Commission that the applicant submitted a request to withdraw the application. Staff recommended the application be withdrawn, without prejudice. The item was placed on the Consent Agenda and withdrawn, without prejudice. The vote was 11 ayes and 0 nays. With a vote of 11 ayes and 0 nays, the Commission voted to waive their bylaws and accept the withdrawal request being less that five (5) days prior to the public hearing. I.1 September 1, 2005 ITEM NO.: 2 _ FILE NO.: Z-7912 Name- Colclough Day Care Family Home — Special Use Permit Location: 7424 West 40th Street Applicant: Willie Faye Colclough Owner: Willie Faye Colclough Proposal: A Special Use Permit is requested to allow a Day Care Family Home to be operated in the single family residence located op the R-3 zoned property at 7424 West 40t Street_ 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 Westwood and John Barrow Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 7424 West 40th Street is located at the northeast corner of West 40th Street and Wilder Street. All surrounding properties are zoned R-3. There are single family residences located to the north, east and west. Wilson Elementary School is located across West 40th Street to the south at the southeast corner of West 40th Street and Stannus Street (4015 Stannus Street). The school contains an early childhood education program which is a day care use licensed by the State Department of Human Services. The applicant's home is a one-story frame structure, and is typical of those in the area. The applicant proposes to operate the day care family home from 3:00 p.m. to midnight, Monday through Friday. The applicant notes that she will have no employees. There is a gravel driveway (with concrete apron) from West 40th Street, with gravel parking for four (4) vehicles at the southeast corner of the residence. Section 36-54(e)(3)i of the City's Zoning Ordinance (site and location criteria for day care family homes) requires that all vehicles be parked on on-site paved area. The applicant is requesting a variance from this ordinance standard to allow the continued use of the gravel parking area. September 1, 2005 ITEM NO.: 2 Cont. FILE NO.: Z-7912 On inspection of the property, staff observed two (2) vehicles parked in the existing gravel parking area. Staff 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. The applicant submitted a copy of a very old, handwritten, Bill of Assurance for this neighborhood. The Bill of Assurance document is not legible. 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. 2 September 1, 2005 ITEM NO.: 2 Cont. FILE NO.: Z-7912 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. 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. 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 within the Wilson Elementary School campus located directly to the south across West 40tH Street (southeast corner of West 40th Street and Stannus Street). 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 on adjacent property 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. 3 September 1, 2005 ITEM NO.: 2(Cont.)FILE NO.: Z-7912 Staff is also concerned with possible safety issues related to the use of a gravel parking area for a day care use. Additionally, staff feels that the night hours proposed by the applicant are inappropriate for an in-home day care use within a single family subdivision. Staff feels that this type of day care use should operate during day time hours. To staffs knowledge, the proposed day care family home would comply with all other ordinance requirements. C. SUBDIVISION COMMITTEE COMMENT: (AUGUST 11, 2005) Willie Faye Colclough 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 use within the Wilson Elementary School campus, located directly across West 40th Street to the south. Staff noted the applicant would need to request a variance from Section 36-54(e)(3)f. for the reduced separation. Ms. Colclough indicated she would submit a letter to staff requesting the variance. The separation issue was briefly discussed. Staff also noted that the driveway and parking at the southeast corner of the property was gravel. The parking/paving requirements for day care family homes were briefly discussed. Ms. Colclough indicated that she would request a variance for continued use of the gravel parking area. 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 applicant requested the application be deferred to the October 13, 2005 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred. The vote was 11 ayes and 0 nays. 4