The URL can be used to link to this page

Home My WebLink AboutZ-7937 Staff AnalysisOctober 13, 2005 ITEM NO.: 1 FILE NO.: Z-7937 Name: Johnson -Williams Day Care Family Home — Special Use Permit Location: 1709 Martin Luther King Drive Owner: Kimberly Johnson -Williams Applicant: Kimberly Johnson -Williams 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-4 zoned property at 1709 Martin Luther King 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 Wright Avenue, Central High and Downtown Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 1709 Martin Luther King Drive is located on the east side of Martin Luther King Drive, between West 17th and West 18th Streets. The properties to the north, south and west are zoned R-4 and contain single family residences and duplexes. The property across Martin Luther King Drive to the west is zoned R-3 and contains single family residences. Commercial zoning is located further north and south along Martin Luther King Drive. The Arkansas Baptist College Campus is located to the northwest along the west side of Martin Luther King Drive, between West 16th and West 17th Streets. The applicant's home is a one-story brick and frame structure, and is typical of those in the 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 one (1) employee if the number of children exceeds six (6), as required by the State Department of Human Services. There is a one -car wide concrete driveway from Martin Luther King Drive, with a concrete pad along its south side. The driveway will allow for parking of four (4) vehicles, including the single -car garage which the applicant has stated will be used for parking. This area should allow sufficient space for drop-off and pick-up of children. On inspection of the October 13, 2005 ITEM NO.: 1 (Cont.) FILE NO.: Z-7937 property, staff observed no vehicles parked on unpaved area. Staff also observed no vehicles 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 the Bill of Assurance for this neighborhood. The Bill of Assurance was recorded in 1963 and addresses no use issues. 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.: 1 (Cont.) FILE NO.: Z-7937 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, 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." According to State Department of Human Services' records, there is a licensed day care use within the Arkansas Baptist College Campus to the northwest, at 1600 Martin Luther King Drive. The overall Arkansas Baptist College property is located within 300 feet of 1709 Martin Luther King Drive, as measured from property line to property line. Therefore, the applicant is requesting a variance to allow the day care family home to be located within 300 feet of a licensed day care center. In the past, staff has not supported variances from the newly established ordinance criteria for day care family homes. However, staff feels that this is a perfect example of when a variance from the separation requirement 3 October 13, 2005 ITEM NO.: 1 (Cont.) FILE NO.: Z-7937 should be granted. The property is located along Martin Luther King Drive, which is a collector street and serves as a major thoroughfare linking Roosevelt Road (principal arterial), Wright Avenue (minor arterial) and Interstate 630. Additionally, there are a number of public/institutional uses in this general area, including Arkansas Baptist College, Arkansas Children's Hospital, Dunbar Middle School/Gibbs Elementary School campus and several church facilities. Staff feels that a day care family home at this location will prove to be a good support use for several of the public/institutional uses in the area. To staff's knowledge, the proposed day care family home will comply with all other ordinance requirements. Staff feels that the proposed day care family home at this location will have no adverse impact on the general area. C. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 22, 2005) Kimberly Johnson -Williams was present, representing the application. Staff presented the proposed special use permit request. Staff noted that after inspection of the property, the only issue which would not conform to ordinance standards was the fact that the proposed day care family home was located within 300 feet of a licensed day care center within the Arkansas Baptist College campus to the northwest. This issue was briefly discussed. Staff explained that all other aspects of the proposed day use would conform to ordinance standards. Staff noted that there were four (4) parking spaces on the property, including the garage. Ms. Williams noted that the garage would be used for parking. Staff explained that there should be sufficient space for drop-off and pick-up of children. 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 1709 Martin Luther King 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. E.I October 13, 2005 ITEM NO.: 1 (Cont.) FILE NO.: Z-7937 3. Outdoor activities, including playground use, are to be limited to day -light hours. 4. Staff recommends approval of the requested spacing variance associated with the proposed day care family home. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) Kimberly Johnson -Williams was present, representing the application. There was one (1) person present in opposition. Staff presented the application with a recommendation of approval. Troy Laha addressed the Commission in opposition to the application. He explained that he was opposed to granting the separation variance. The separation issue was briefly discussed. Commissioner Taylor asked where on the Arkansas Baptist College Campus the day care center was located. Staff indicated no knowledge of the exact location. The abutting land uses were briefly discussed. Commissioner Williams explained that he was supportive of the application and the variance. There was additional discussion of the separation issue. There was a motion to approve the Special Use Permit, as recommended by staff. The motion passed by a vote of 10 ayes and 1 nay. The application was approved. 5